ALAKNANDA HYDRO POWER CO. LTD. v. ANUJ JOSHI & ORS.

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A Dehradun to make an assessment on cumulative impacts of "Hydroelectric Projects on Aquatic and Terrestrial Biodiversity in Alaknanda and Bhagirathi Basins, Uttarakhand.

45Copy pinpoint45. AHEC submitted their report to MoEF in December 2011 and Wit finalized its report in December 2012. AHEC made some recommendations on Geology, seismology, soil erosion, sedimentation etc. Some of the major recommendations of the study covered the aquatic biodiversity profile, critically important fish habitats including recommendation on Fish Conservation Reserve at Nayar River and Bal-Ganga, Tehri Reservoir Complex. Wll made recommendations on impact on aquatic biodiversity and their habitats, terrestrial component of biodiversity and details about these in the river basins. Recommendations were also made covering environmental flows, conservation, reserve, strategic option of regulating impact of hydropower projects of different categories and impact on aquatic biodiversity and terrestrial biodiversity in the above mentioned basins.

46Copy pinpoint46. We have gone through 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 F question and its consequences on Alaknanda as well as Bhagirathi river basins so also on Ganga which is a pristine river. Wll in its Report in Chapter VIII states as follows:

"Para 8.3.2 Present and future scenario G The 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

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JOSHI [K.S. RADHAKRISHNAN, J.] landscape represented by the Alaknanda and Bhagirathi A 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."

47Copy pinpoint47. Wll 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.

48Copy pinpoint48. B.K. Chaturvedi Committee, after referring to both the Reports, in Chapter Ill (Volume I, April 2013) stated as follows: G "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, H

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A 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 B 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 c 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 D 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). E (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. F (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. G Based on the above, projects at Annex-VID may need a review and decision till after long term Ganga basin study by llT Consortium.

3. 70 The River Ganga has been a pristine River. H

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JOSHI [K.S. RADHAKRISHNAN, J.] 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 c 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 D upgradation should be taken up in these sub-basins extensively."

49Copy pinpoint49. In the Executive Summary of Chaturvedi Report, on the question of 'Environmental Impact of Projects', reads as follows: E 4.17 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 F 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 G 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 H

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A 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 8 there are a large number of projects which have very small distances between them leaving little space for river to regenerate and revive.

50Copy pinpoint50. The above mentioned Reports would indicate the C 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. fit 0 ~lll

51Copy pinpoint51. We are also deeply concerned with the r~nt tragedy, which has affected the Char Dham area of Uttarakhand. Wadia Institute of Himalayan Geology (WIG) recorded 350mm of rain on June 15-16, 2013. Snowfall ahead of the cloudburst also has contributed to the floods resulting in the burst on the banks of Chorabari lake near Kedarnath, leading to large scale calamity leading to loss of human lives and property. The adverse effect of the existing projects, projects under construction and proposed, on the environment and ecology calls for a detailed scientific study. Proper Disaster Management Plan, it is seen, is also not in place, resulting in loss of lives and property. In view of the above mentioned circumstances, we are inclined to give following directions:

G (1) We direct the MoEF as well as State of Uttarakhand not to grant any further environmental clearance or forest clearance for any hydroelectric power project in the State of Uttarakhand, until further orders.

(2) MoEF is directed to constitute an Expert Body H

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JOSHI [K.S. RADHAKRISHNAN, J.] consisting of representatives of the State A Government, Wll, .Central Electricity Authority, Central Water Commission and other expert bodies to make a detailed study as to whether Hydroelectric Power Projects existing and under construction have contributed to the environmental B degradation, if so, to what extent and also whether it has contributed to the present tragedy occurred · at Uttarakhand in the month of June 2013.

(3} MoEF is directed to examine, as noticed by Wll in its report, as to whether the proposed 24 projects C· are causing significant impact on the biodiversity of Alaknanda and Bhagirath River basins.

(4} The Disastet'Management Authority, Uttarakhand would submifa\>R'eport to this Court as to whether D they had ariy Oi~a'ster Management Plan is in place in the State 6f0ttcfrakhand and how effective that plan was for combating the present unprecedented tragedy at Uttarakhand. E

52Copy pinpoint52. Reports would be submitted within a period of three months. Communicate the order to the Central and State Disaster Management Authority, Uttarakhand.

53Copy pinpoint53. In view of above, civil appeals and transferred cases are disposed of. F K.K.T. Appeals & Transferred Cases disposed of.