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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
G.S.SANDHAWALIA, BIPIN CHANDER NEGI
Court on its own motion – Appellant
Versus
State of HP – Respondent
| Table of Content |
|---|
| 1. concerns over environmental impact from silt discharge (Para 1 , 2 , 3) |
| 2. ongoing issues from past violations in environmental compliance (Para 5 , 6 , 10) |
| 3. effects of unscientific de-silting on aquatic life (Para 11 , 12 , 13 , 31) |
| 4. polluter pays principle as a basis for compensation (Para 33 , 34 , 36 , 39) |
| 5. court orders for sustainable ecological management (Para 42 , 43 , 44) |
JUDGMENT :
G.S. Sandhawalia, CJ.
The present case is about the Rainbow Trout and Brown Trout fish being caught in the sandstorm of silt and not being allowed to breath and breed.
2. The present Public Interest Litigation has been registered on the basis of a letter received in the office of the Chief Justice that on account of discharge of silt from Barot Dam in District Mandi, Himachal Pradesh, water purity level as such has been affected which is leading to casualty of the marine life in the water.
3. Since the similar issue regarding silt from reservoirs of Shanan Power Project was being dumped into the Uhl River, had been raised in CWPIL No. 57 of 2018 titled Court on its own motion vs. State of HP and others, which was disposed of by a coordinate Bench on 04.10.2018, in which Mr. Deve
The court reinforces the principle that environmental protection must prevail over economic interests, directing the project proponent to conduct de-silting in compliance with ecological guidelines t....
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