K.S.RADHAKRISHNAN, DIPAK MISRA
ALAKNANDA HYDRO POWER – Appellant
Versus
ANUJ JOSHI – Respondent
JUDGMENT
K.S. Radhakrishnan, J.
1. Leave granted.
2. 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.
3. The Techno-Economic approval of the scheme was granted for 200 MW by the Central Electricity Authority (CEA), a competent 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. 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. No adverse affect had been noticed on environment in that assessment on setting up of the Project. On the contrary, 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 could be completed within a short span of five years. Dhari Devi Temple, it was noticed, was likely to be submerged in water, therefo
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