IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (PIL) No. 211 of 2008 Bharat Jhunjhunwala … Petitioner Vs Managing Director, National Hydroelectric Power Corporation & others … Respondents Sri Nagesh Agarwal, learned counsel for the petitioner Sri Alok Mehra, learned counsel for the respondent No. 1 Sri D.S. Patni, leaned counsel for the respondent No. 2 Sri H.S. Dillon, Advocate, holding brief of Sri S.S. Chauhan, learned counsel for the respondent Nos. 3 and 4 Sri Sudhir Kumar, learned Brief Holder for the State/respondent Nos. 5 to 8 Coram : Hon’ble B.C. Kandpal, J. Hon’ble B.S. Verma, J. [(Judgment Per: B.C. Kandpal, J. (Oral)] This petition (PIL) has been filed under Article 226 of the Constitution of India by the petitioner seeking the relief for issuing a writ in the nature of mandamus to stop the construction of the four projects, namely, a) Kotli Bhel Stage 1A on Bhagirathi, b) Kotli Bhel Stage 1B on Alaknanda, c)Kotli Bhel Stage – II, Kaudiyala and d) Hydro Electric Project at a place 6 km upstream from the town of Srinagar in District Pauri Garhwal. 2. The grievance of the petitioner is that these projects promoted by respondent Nos. 1 and 2 are going to affect materially the dynamics of flow of river at the bathing ghat at confluence at Devprayag. The petitioner is also prayed for issuing direction in the nature of mandamus commanding the respondents to re-design these projects so that the dynamic of the flow of river at the bathing ghat at confluence at Devprayag be not affected. 3. Heard Sri Nagesh Agarwal, learned counsel for the petitioner, Sri Alok Mehra, learned counsel for the respondent 2 No. 1, Sri D.S. Patni, leaned counsel for the respondent No. 2, Sri H.S. Dillon, Advocate, holding brief of Sri S.S. Chauhan, learned counsel for the respondent Nos. 3 and 4, Sri Sudhir Kumar, learned Brief Holder for the State/respondent Nos. 5 to 8 and perused the record. 4. Learned counsel for the respondents has raised a preliminary objection that the petitioner has already filed the statutory appeals challenging the environmental clearance granted to three power projects i.e. Kotli Bhel Hydro Electric Power Project Stage 1B, Kotli Bhel Hydro Electric Power Project Stage 1A, Kotli Bhel Hydro Electric Power Project Stage – II, these are numbered as appeal Nos. 9, 8 and 10 respectively of the year 2007 and these appeals are still pending before the Nation Environment Appellate Authority constituted under the National Environment Appellate Authority Act, 1997. 5. The counsel for the respondents has also invited out attention that this fact has been concealed by the petitioner in the writ petition and for the reasons best known to the petitioner he has not disclosed this aspect in the petition. Learned counsel for the respondent No. 2 has also raised a preliminary objection that this petition is belated itself as Srinagar Hydro Electric Power Project was conceived as far as back in the year 1981 by the Uttar Pradesh Government. The Government procured the clearance at various levels and the projects received wide publicity through paper and electronic media. The petitioner has thus now approach this Court after a period of 27 years, which itself makes out the ground for dismissal of the petition. 3 6. After having considered the submissions raised by learned counsel for the parties and on perusal of the entire material available on record before us, we are of the view that since, the statutory appeals in which the environmental clearance as well as the construction of the projects is involved are still pending before the appellate authority, hence, we do not find any justification in entertaining this PIL petition at this stage. 7. Accordingly, the petition is dismissed in limine. (B.S. Verma, J.) (B.C. Kandpal, J.) 31.08.2009 RCP/ASWAL