The NGT's judgment is the first one to fault hydro power projects for damage caused during Uttarakhand floods and impose an environment compensation.
In a landmark order pertaining to the 2013 Uttarakhand disaster, the principal bench of National Green Tribunal (NGT) has asked Alaknanda Hydro Power Co Ltd Of GVK Power to pay a compensation of Rs9.26 crore to the residents of Srinagar, Uttarakhand, for the damage and injuries they suffered due to the project's muck erosion. The judgment squarely rejected the company's contention that the damage suffered by the residents was due to an "Act of God". Along with the massive compensation, the NGT bench also directed Alakhnanda Hydro Power Co. Ltd. to (AHPCL) pay an amount of 1 lakh each to the applicant as well as to Bharat Jhunjhunwala who is another respondent by way of cost. The judgement was given by a two-member bench of judicial member UD Salvi and expert member AR Yousuf.
The NGT's judgment is the first one to fault hydro power projects for damage caused during Uttarakhand floods and impose an environment compensation. The Srinagar Hydro Electric Project, situated on Alaknanda river, has an installed capacity of 330MW has a 66m tall dam (height from the river bed). The project became commercially operational in 2015.
The Srinagar Bandh Aapda Sangharsh Samiti and another local Vimal Bhai of Matu Jansangthan had approached the NGT seeking compensation from AHPCL for the loss of life and property and for restoration of the affected area in Srinagar that was ravaged during the flood between June 16 and June 17, 2013. The applicants had submitted that AHPCL had inappropriately dumped large quantity of muck generated during the construction without ensuring necessary safeguards. This, they had claimed, aggravated the impact of flood and swept massive amounts of muck into Srinagar town and villages leading to fatalities and loss of property.
The judgment of the two-member bench said that even as the disaster occurred due to cloudburst, the power company was aware that the project is situated in geologically sensitive area of Himalaya, where cloudburst is not a rare phenomena. It also pointed out that the Ministry of Environment and Forest had sounded an alarm regarding the muck disposal. The bench, thus, said that the "having regard to these known conditions, human foresight could have reasonably anticipated that laxity in taking timely protective measures such as slope dressing, terracing, toe walls covering the top soil at the permanent muck disposal sites would prove disastrous to the environment, particularly, to the human beings." It added, "Material before us points out laxity on part of AHPCL in relation to taking adequate safety measures for muck disposal sites.
Under section 2 of the NGT Act, the bench termed the incident as an accident that happened due to the hydro power plant and thus imposed the environment compensation under the principle of 'no fault' liability under section 17 (3). The 2013 Uttarakhand disaster, triggered due to a cloudburst, killed nearly 6,000 people.
“We will be exploring legal options please," a GVK spokesperson said.
Project was situated in geologically sensitive area
The judgment of the two-member bench said that even as the disaster occurred due to cloudburst, the power company was aware that the project is situated in geologically sensitive area of Himalaya, where cloudburst is not a rare phenomena. It also pointed out that the Ministry of Environment and Forest had sounded an alarm regarding the muck disposal.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "The Vishnuprayag hydro power project on the Alaknanda River at Lambagar in Chamoli, Uttarakhand.")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}