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

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

Public hearing for environmental clearance of the Srinagar Hydro Electric Project is not warranted at this late stage since 95% of work is complete and Rs. 4,000 crores already spent; safety and compliance with expert recommendations is paramount. Directions issued to various authorities and project proponent to implement expert committee recommendations. MoEF and State of Uttarakhand are directed to halt further clearances for new hydroelectric projects until a comprehensive study of environmental impact is completed.

Parties
Appellant: Alaknanda Hydro Power Co. Ltd.; Respondent: Anuj Joshi & Ors.
Jurisdiction
India
Judgment Date
13 August 2013
Procedural Posture
Civil Appeal / Final Disposition of Appeal and Transferred Cases
Outcome
appeals and transferred cases disposed of
Legal Topics
Hydroelectric Power Projects, Environmental and Forest Clearance, Disaster Management, Cumulative Environmental Impact, Religious Rights
Environmental Law Energy Law Administrative Law Constitutional Law Hydroelectric Power Projects Environmental and Forest Clearance Disaster Management Cumulative Environmental Impact +1 more

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Parties

Alaknanda Hydro Power Co. Ltd.

Appellant

Anuj Joshi & Ors.

Respondent

Procedural Posture

Civil Appeal / Final Disposition of Appeal and Transferred Cases

Legal Issues

  1. 1 Whether public hearing is required for environmental clearance of ongoing hydroelectric projects
  2. 2 Whether the recommendations for raising Dhari Devi temple affect religious rights under Article 25 of the Constitution
  3. 3 Whether cumulative environmental impact of hydropower projects in Uttarakhand has been adequately studied

Ratio Decidendi

Public hearing for environmental clearance of the Srinagar Hydro Electric Project is not warranted at this late stage since 95% of work is complete and Rs. 4,000 crores already spent; safety and compliance with expert recommendations is paramount. Directions issued to various authorities and project proponent to implement expert committee recommendations. MoEF and State of Uttarakhand are directed to halt further clearances for new hydroelectric projects until a comprehensive study of environmental impact is completed.

Court Disposition

appeals and transferred cases disposed of

Orders

  • High Court direction for public hearing set aside.
  • MoEF and State of Uttarakhand not to grant further environmental or forest clearance for hydroelectric projects until further orders.