Court Orders Rs. 12 Lakh Compensation for Unscientific De-silting Affecting Trout Habitats in Uhl River
The Himachal Pradesh High Court, in a significant ruling, has imposed an environmental compensation of Rs. 12 lakh on the Shanan Hydroelectric Project in Barot, District Mandi, for causing ecological damage due to unscientific de-silting operations. The judgment, delivered by a bench comprising Chief Justice G.S. Sandhawalia and Justice Bipin Chander Negi, addresses the severe environmental degradation impacting the trout fish habitat and overall aquatic ecosystem in the Uhl River, a designated cold-water trout habitat of national importance.
The court took suo motu cognizance of the issue following a letter addressed to the Chief Justice, highlighting the adverse impact of silt discharge from the Barot Dam on water purity and marine life. The case underscored persistent violations of earlier court directions, the Himachal Pradesh Fisheries Act, 1976, and the Water (Prevention and Control of Pollution) Act, 1974, by the project authorities.
In its judgment, the court emphasized the principle of "Polluter Pays," mandating that the project proponent responsible for environmental harm must compensate for the damage. The compensation is directed to be utilized by the Department of Fisheries for restocking the river with Brown Trout and Rainbow Trout and enhancing the marine ecosystem.
The court issued several directives to prevent future violations, including prohibiting de-silting operations during the trout breeding season and mandating the installation of sensors for monitoring Total Suspended Solids (TSS) in the river. A River Monitoring Committee is to be constituted to oversee de-silting operations and ensure ecological balance.
The court's decision reflects a firm stance on environmental protection, reinforcing that economic considerations cannot override environmental rights. The proceedings are adjourned until July 31, 2026, for compliance reporting, while the right to appeal against the pollution control board's order is preserved for the project proponent.
Bottom Line:
Public Interest Litigation concerning environmental degradation due to unscientific de-silting operations of a hydroelectric project, affecting trout fish habitat, aquatic ecosystem, and water quality.
Statutory provision(s): Constitution of India Article 51A(g), Himachal Pradesh Fisheries Act, 1976, Water (Prevention and Control of Pollution) Act, 1974, National Green Tribunal directions.
Court on its own motion v. State of HP, (Himachal Pradesh)(DB) : Law Finder Doc id # 2880572
