The National Green Tribunal imposed environmental compensation of Rs 50 lakh on the Tehri Hydro Development Corporation India limited (THDCIl) for disposal of debris and muck excavated for construction of a road from the power house of the World Bank funded 444 mega watt Vishnugad Peepalkoti hydro electric project to the Alaknanda river.
The judgment was delivered in open court on Thursday in New Delhi by NGT chaiperson Swatenter Kumar in the matter of Vimal Bhai versus THDCIl. The petition in this matter was moved to the NGT by environmental activist Vimal Bhai of Matu Jansangathan being represented by advocate Rahul Choudhary of legal Initiative for Forest and Environment (lIFE).
According to Vimal Bhai, “The said construction led to huge amounts of muck and debris which were directly being dumped into the river, in violation of the law of the land including the Environment (Protection) Act, 1986 and the Environment Impact Assessment Notification, 2006 as well as the Environmental Clearance conditions granted to the THDCIl for construction and operation of the hydro electric project.
Such unchecked dumping increases the risk of landslides, destabilisation of slopes and damage to the river flow, as was noted in the environmental assessment report prepared for the project.
Noting the gross negligence in disposing muck and debris accumulated due to the project as per a prescribed muck disposal plan and the lack of due monitoring of river flow upstream and downstream of the project, the NGT not only imposed compensation of Rs 50 lakh but also mandated that Rs 20 lakh out of the said amount is to be paid by the sub-contractors hired for the construction, being carried out since October, 2015.
Additionally, the tribunal imposed an absolute restriction on muck dumping in the Alaknanda river by the project proponent THDCIl. More so, as a further deterrent, the NGT made it clear that in case the muck dumping continues, an additional cost of Rs 25 lakh would be imposed on the THDCIl.
The Tribunal also directed the project proponent to maintain computerised records of water samples upstream and downstream as a precautionary measure, much needed in light of the unpredictable climatic conditions which affect the Alaknanda and other rivers in the State of Uttarakhand.
This judgement of NGT on environmental degradation involved in Vishnugad-Peepalkoti project is highly important and is a lesson for dam companies, World Bank, State governments and Central government,” said the applicant.