Case: Alaknanda Hydro Power Co. Ltd Through Its Authorised Signatory Mr. S. Dhawan Vs. Anuj Joshi

the Reports and, prima facie, we are of the view that the AHEC Report has not made any indepth study on the cumulative impact of all project components like construction of dam, tunnels, blasting, power-house, Muck disposal, mining, deforestation etc. by the various projects in question and its consequences on Alaknanda as well as Bhagirathi river basins so also on Ganga which is a pristine river. WII in its Report in Chapter VIII states as follows: “Para 8.3.2 Present and future scenarioThe scenario building for assessing impacts on biodiversity values portrays very distinctively the present and futuristic trends of the impact significance of hydropower developments in all the sub- basins in the larger landscape represented by the Alaknanda and Bhagirathi basins.It becomes apparent that because of the fact that many of the projects are already in stage of operation and construction, the reversibility in significance of impacts on terrestrial biodiversity is not possible in sub-basins. Decline in biodiversity values of Bhagirathi II sub-basin have significantly been compounded by Tehri dam.The scenarios provide adequate understanding to make decisions with respect to applying exclusion approach across the two basins for securing key biodiversity sites (such as critically important habitats) and prevent adverse impacts on designated protected areas. Based on five different scenarios that have been presented the most acceptable option suggests that the decision with respect to 24 proposed Hydro Electric Projects may be reviewed.” 47. WII report also states that out of total 39 proposed projects, 24 projects have been found to be significantly impacting biodiversity in the two sub-basins and the combined footprint of all 24 projects have been considered for their potential to impact areas with biodiversity values, both aquatic and terrestrial, critically important habitat of rare, endangered and threatened species of flora and fauna and IWPA projected species. 48. B.K. Chaturvedi Committee, after referring to both the Reports, in Chapter III (Volume I, April 2013) stated as follows: “3.66 The River Ganga has over a period of years suffered environmental degradation due to various factors. It will be important to maintain pristine river in some river segments of Alaknanda and Bhagirathi. It accordingly recommends that six rivers, including Nayar, Bal Ganga, Rishi Ganga, Assi Ganga, Dhauli Ganga (upper reaches), Birahi Ganga and Bhyunder Ganga, should be kept in pristine form and developments along with measures for environment up gradation should be taken up. Specifically, it is proposed that (a) Nayar River and the Ganges stretch between Devprayag and Rishikesh and (b) Balganga – Tehri Reservoir complex may be declared as Fish Conservation Reserve as these two stretches are comparatively less disturbed and have critically important habitats for long-term survival of Himalayan fishes basin. Further, no new power projects should be taken up in the above six river basins. In the IMG’s assessment, this will mean about 400 MW of Power being not available to the State. 3.67 Pending a longer term perspective on the Ganga Basin Management Plan, following policy needs to be followed to implement the hydro power projects on the River Ganga on Bhagirathi and Alaknanda basins:(i) No new hydropower projects be taken up beyond 69 projects already identified (Annex-VIA-VID).(ii) New hydropower projects may be permitted to be constructed with limitations as in Paras 3.52-3.54 above and giving priority to those projects already under construction.iii) New hydropower projects which are still under investigation or under development are not being proposed for implementation. However, two such projects can be considered and a view taken after technical assessment by the CEA.Based on the above, projects at Annex-VID may need a review and decision till after long term Ganga basin study by IIT Consortium.3.70 The River Ganga has been a pristine River. Over a period of years, it has been used for irrigation, drinking water and other purposes. The efforts to keep it in the pristine form have been minimal. The IMG felt that it will be necessary to take measures for ensuring that several parts of it which have so far not been impacted continue to be in the pristine form. Secondly, it consider necessary to take measures on pollution, particularly in the upper reaches and the two basins of Bhagirathi and Alaknanda. The IMG, therefore, recommends that six rivers, including Nayar, Bal Ganga River, Rishi Ganga, Assi Ganga, Dhauli Ganga (upper reaches), Birahi Ganga and Bhyunder Ganga rivers should be kept in pristine form no further hydropower developments should take place in this region. Further, environment upgradation should be taken up in these sub- basins extensively.” 49. In the Executive Summary of Chaturvedi Report, on the question of ‘Environmental Impact of Projects’, reads as follows: 17. Development of new hydropower projects has impact on environment, ecology, biodiversity, both terrestrial & aquatic and economic and social life. 69 hydropower projects with a capacity of 9,020.30 MW are proposed in Bhagirathi and Alaknanda basins. This includes 17 projects which are operational with a capacity of 2,295.2 MW. In addition, 26 projects with a capacity of 3,261.3 MW (including 600 MW Lohari Nagpala hydropower project, work on which has been suspended by Government decision) which were under construction, 11 projects with a capacity of 2,350 MW CEA/TEC clearances and 16 projects with a capacity of 1,673.8 MW under development.4.18 The implementation of the above 69 hydropower projects has extensive implications for other needs of this society and the river itself. It is noticed that the implementation of all the above projects will lead to 81% of River Bhagirathi and 65% of River Alaknanda getting affected. Also there are a large number of projects which have very small distances between them leaving little space for river to regenerate and revive. 50. The above mentioned Reports would indicate the adverse impact of the various hydroelectric power projects on the ecology and environment of Alaknanda and Bhagirathi river basins. The cumulative impact of the various projects in place and which are under construction on the river basins have not been properly examined or assessed, which requires a detailed technical and scientific study. 51.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]We find that a new dimension has been added to this litigation by initiating certain proceedings by group of litigants before the National Green Tribunal, New Delhi. MoEF also, on 30.06.2011, in exercise of powers conferred under Section 5 of the Environment (Protection) Act, 1986 passed a stop work order directing AHPCL to attend certain environmental issues which included (i) mounting Dhari Devi temple at a higher elevation as per the Plan prepared by INTACH (ii) maintain and manage muck at the various muck disposal sites by providing retention wall, slopes, compacting and terracing etc. (iii) develop greenbelt (iv) Catchment Area Treatment (v) undertaking Supana Query restoration (vi) maintain minimum environmental flow etc.