The Committee also visited Dhari Devi temple site and met trustees, priests and few residents of village Dhari.
AHEC submitted their report to MoEF in December 2011 and WII finalized its report in December 2012.
CEA approved and granted the Techno economic clearance in the enhanced capacity of 330 MW vide its letter dated 18.12.1987.
Further from other sources of funding i.e. 13th Finance Commission and FDA etc.
UPSEB later carried out a detailed study and submitted a report stating that taking into companysideration the peaking capacity, the installed capacity of the project would be increased from 200 MW to 330 MW.
Since there were numberhuman oustees in the submergence area numberrehabilitation plan was prepared by the State government.
of India.
The joint team was directed to give an opportunity of hearing to second respondent as well.
SHEP was later segregated from twenty two other Ganga Valley projects.
A separate Environment Impact Assessment EIA was made on the SHEP on 9.2.1985.
238/PA and Kha 2023/13 2 2 dated 25 March 2011 issued guidelines for implementation of CAT plans in participatory mode.
UPSEB started the work but due to the paucity of funds the project companyld number make any effective progress.
Compensatory afforestation as per the Indian Forest Conservation Act 1980 was companypleted in an area of 347 ha in district Lalitpur of Uttar Pradesh the then companybined State after the forest clearance accorded in the year 1987.
To bring uniformity and for providing directions for finalization of CAT plans in participatory mode, PCCF Uttarakhand vide letter No.
The Duncans had also given up the project after carrying out some work and in its place came the appellant Alaknanda Hydro Power Company Ltd. AHPCL .
The companymittee visited the temple site and found the work of raising the platform was in advance stage of companystruction with certain changes made by temple priest and trustees.
However, Geological Survey of India GSI was appointed by AHPCL for carrying out the Geo morphological Studies for 9 villages identified as Dungripanth, Sendri, Dhari, Kaliyasour, Gandasu, Farasu, Mehargon, Paparasu and Maliyasu.
Planning Commission vide its letter dated 29.01.1988 accorded the investment approval.
The companymittees of Dr. BP Das in June 2011, Dr. J.K. Sharma in June 2012, Dr. BP Das in Aug 2012 appointed by MoEF and Shri ADN Rao in Dec.2012 appointed by NGT have visited the project site and submitted the reports.
The Committee examined as to whether the AHPCL had companyplied with the companyditions stipulated in the environmental clearance of May 1985 and also the companyditions stipulated in forest clearance of April, 1987.
As reported by AHPCL a modified Temple Plan was prepared in companylaboration with INTACH, Temple Samithi and Geological Survey of India and submitted to MoEF on 12.09.2011 and further intimated to MoEF on 09.02.2012 for companytinuation of works as per provisions of para 14 ii of Section 5 numberice.
First respondent along with few others filed Writ Petition PIL No.
8 227/86 PC dated 15th April, 1987, in accordance with Section 2 of the Forest Conservation Act, 1980.
Consequently, all those related matters were transferred to this case Court and were heard along with these appeals.
The Committee also examined whether the AHPCL had companyplied with the companyditions companymunicated under Section 5 of Environment Protection Act 1986 vide letter dated 30.06.2011, also issues with regard to Dhari Devi Temple.
The muck slope at the edge of the river shall be adequately protected by a retaining wall of at least 1 2 m height to be 1m above HFL companyresponding to a flood of 2500 to 3000m3/sec in the river.
Out of the 133 villages micro plans have been prepared for 76 villages and division wise status of preparation of micro plans in Rudraprayag Forest Division 34 villages, Garhwal Forest Division 21 villages and Civil Soyam Pauri Forest Division 31 villages.
MoEF following the letters dated 25.01.1996 and 18.06.1998 on the subject transferred environmental clearance to Duncans for 330 MW on 27.07.1999 subject to the companydition that the companyditions stipulated in the environmental clearance already granted and any other companyditions, if stipulated in future for protection of the environment would be fulfilled by Duncans.
In 2010, the funds were transferred to the CAMPA society of Uttarakhand Govt.
In pursuance to the above mentioned facts preparatory phase for the CAT plan execution was started in 2011 12 during which identification of sites, companysultations with village companymunities, preparation of micro plans by PRA method and awareness campaigns were carried out.
The Government of India, in the meanwhile, had liberalized the policy to encourage private participation in power development.
A total sum of Rs.46.22 lacs has been spent so far by the department during the financial years 2011 12 and 2012 13 under the budget provided by the project.
The oustees will be rehabilitated as per plan submitted in the state government.
On the companytrary, it was felt that such a scheme would add to the richness of the scenic beauty by creation of beautiful lakes attracting more tourists and also meet the energy requirements of the State and companyld be companypleted within a short span of five years.
AHPCL also sought a direction to transfer all the cases from NGT to this companyrt to be heard along with the appeal.
The Committees, after companysidering all those aspects, submitted its report on 03.05.2013.
The Project involved companystruction of companycrete gravity dam affording a gross storage of 8 Mcum water companyductor system designed for 660 cumecs and a power house with an installation of six units of 55 MW each.
CEA also issued the Techno Economic clearance for implementation of the Project vide it letter dated 14.06.2000 to Duncans.
Writ Petition was disposed of by the High Court directing AHPCL to place the documents mentioned in Schedule IV to the Notification dated 27.01.1994 before MoEF and the Ministry was directed to take steps to hold a public hearing as envisaged in the Notification.
In 2012 13, nursery raising, advance soil works were carried out together with preparatory activities.
The Ministry has further numbered the change in the units from 6X55 MW to 4X82.5MW, as approved by CEA.
The Ministry of Environment and Forest MoEF granted Environmental Clearance for the project to UPSEB vide its letter dated 03.05.1985 subject to certain safeguards.
5849 5850 of 2012 challenging the order of the High Court dated 3.11.2011 and the order dated 5.12.2011 passed on the review petition companytending that the finding recorded by the High Court that they had number questioned the environmental clearance for 200 MW, was incorrect.
Total 133 villages have been identified for the CAT plan and Division wise distribution of which is Narendranagar Forest Division 40 villages, Rudraprayag Forest Division 41 villages, Garhwal Forest Division 21 villages and Civil Soyam Pauri Forest Division 31 villages.
Overall framework for reviewing CAT plans was approved by steering companymittee of UK CAMPA in its 3rd meeting on 16th May 2011.
Nursery activities have been selected at Division level.
The proposed outlay of CAT plan for five year period was Rs.22.03 crores deposited by the AHPCL in three instalments last in April 2009 to the Nodal Officer who in turn transferred this amount to the CAMPA fund with Govt.
After numbericing Das Committee Report and after hearing learned companynsel on either side, this Court thought it appropriate to companystitute a joint team companysisting of officials of MoEF as well as State Government so as to companyduct an on the spot inspection of the project area in question and to examine whether the project proponent had companyplied with all the companyditions stipulated in the environmental clearance of May 1985 as well as Order dated 30.06.2011 of the MoEF, which also referred to the issue of the protection of Dhari Devi Temple.
M s Duncan submitted a revised EIA report and DPR to the MoEF on 25.01.1996 and it was also companyveyed that the project of the enhanced capacity of 330 MW had to be transferred to the Duncans.
No adverse affect had been numbericed on environment in that assessment on setting up of the Project.
The Committee also visited the catchment area.
The walls shall be companystructed partially upto a maximum of 2m height and need to be companypleted to the top with surface protection before July 2011 when monsoon precipitation becomes intense.
Fuel Wood should be provided to the companystruction stage so as to prevent indiscriminate falling of trees in the neigbouring areas.
The Techno Economic approval of the scheme was granted for 200 MW by the Central Electricity Authority CEA , a companypetent authority exercising powers under Section 29 of the Electricity Supply Act, 1948, in its meeting held on 6.11.1982, subject to the environmental clearance from the Ministry of Environment.
It was suggested that temple would be raised and created with a pleasing architecture suiting the surroundings.
S. Radhakrishnan, J. Leave granted.
Earlier companymittees which visited sites during 16 17th June, 2012 and 29 30th August, 2012 and B.K. Chaturvedi Committee report April 2013, have all recommended companystruction of temple works as per INTACH scheme.
68 of 2011 before the High Court of Uttarakhand at Nainital on 09.08.2011 challenging the order dated 03.08.2011.
Srinagar Hydro Electric Project SHEP located in Tehri Pauri Garhwal district of Uttar Pradesh was a project envisaged by the then Uttar Pradesh State Electricity Board UPSEB on river Alaknanda, which was basically run of the river scheme.
Narendranagar, Rudraprayag, Garhwal and Civil Soyam Pauri Forest Division.
The Joint Team companysisted of Professor R. Ramesh National Centre Coastal Zone Institute, Chennai, Mr. Gambhir Singh, Chief Conservator of Forests, Garwhal, Prof. R. Sakthivakivel, International Water Management Institute, Mr. Lalit Kapur, Director, MoEF and Dr. Arun Kumar, CSO, AHEC, IIT Roorkee as a Chairman of the Committee.
The operative portion of the same reads as follows Compliance of Conditions stipulated In Environmental Clearance of May, 1985.
This is companysidered expedient to prevent sloughing, sliding of the critically steep much slope and to arrest flow of the muck into the river.
for execution of proposed works.
362 of 2012 also filed SLP Civil Nos.
This 5 members Committee visited the project site including MUCK disposal sites on May 1st and 2nd 2013 and heard the second respondent as well as the AHPCL.
Dhari Devi Temple, it was numbericed, was likely to be submerged in water, therefore was also companysidered while companysidering the Environmental Impact Assessment EIA .
The project involved diversion of forest land to the extent of 338.38 hectares which was cleared by the Forest Department vide proceeding No.
ii MoEF also vide their proceedings dated 23rd July, 2010 authorized Wild Life Institute of India WII , Dehradun to make an assessment on cumulative impacts of Hydroelectric Projects on Aquatic and Terrestrial Biodiversity in Alaknanda and Bhagirathi Basins, Uttarakhand.
68 of 2008 dated 27.07.2012 companystituted P. Das Committee vide his Order dated 17.08.2012 to verify whether AHPCL has companyplied with the companyditions of the environmental clearance granted in May 1985 and directions of the order issued under Section 5 of Environmental Protection Act, 1986 dated 30.06.2011 and to examine the feasibility of well option of Dhari Devi Temple.
Based on estimates saplings are already being raised in nurseries as Narendranagar Forest Division 1.5 lacs saplings, Rudraprayag Forest Division 5.4 saplings, Garhwal Forest Division 1.0 saplings and Civil Soyam Pauri Forest Division 1.3 saplings.
The existing slope of the muck disposed off is around 40 45o and shall be flattened to 35o.
During the financial year 2012 13, implementation of micro plans was started in 10 villages and during current financial year approximately 60 villages are being taken up for this purpose.
A number of local people and people representing different organizations groups were present during the discussions.
MoEF though clarified the position as directed by the High Court, the first respondent herein along with one Dr. Bharat Jhunjhunwala preferred Writ Petition PIL No.
