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 to ensure the survival of local fish populations.

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. Deven Khann, Advocate was appointed as Amicus Curiae, this Court deemed it fit to appoint Mr.Deven Khanna, Advocate as Amicus Curiae in this Public Interest Litigation also. Therefore, vide order dated 10.01.2025 Mr. Deven Khanna, Advocate was appointed as Amicus Curiae to assist the Court in this matter. The earlier PIL bearing CWPIL No. 57 of 2018, had been closed by the Coordinate Bench on 04.10.2018, on the instructions from the petitioner therein. The relevant portion of the said order reads as under:

“Today when the matter was taken up for consideration, leaned counsel for the petitioner has submitted that as there is no unscientific dumping of the silt by the project proponent in Uhl river, therefore, these proceedings can be closed. On instructions he has further submitted that in future also there shall be no unscientific dumping silt in Uhl from the two reservoirs of the project. Learned Amicus Curiae has also expressed his satisfaction over the statement so made by the project proponent. Accordingly, we close these proceedings with the observation that there shall be no unscientific dumping of silt from two reservoirs of the project in the Uhl river.”

4. Now, the similar issue has been raised again through a letter written to the Chief Justice of this Court which has been registered as PIL as aforesaid.

5. The matter raises serious concerns arising out of continuing environmental degradation caused by unscientific de-silting operations of the Shanan Hydroelectric Project (HEP) at Barot, District Mandi-respondent No.6 and the consequent deterioration of water quality, deterioration of aquatic ecosystem, fish mortality, destruction of agricultural fields due to unscientific silting and ecological imbalance in the Uhl River, a designated cold-water trout habitat of national importance.

6. The matter also raises serious concerns regarding the repeated violation of earlier directions of this Court passed in CWPIL No. 57 of 2018, continued non-compliance with the recommendations of the Joint Expert Committee constituted pursuant thereto, and disregard of the obligations arising under the Himachal Pradesh Fisheries Act, 1976, the Water (Prevention and Control of Pollution) Act, 1974, and the directions of the National Green Tribunal (OA) No. 498 of 2015 concerning mandatory environmental flows.

7. Apparently, the Shanan Hydroelectric Project, commissioned in 1932, diverts the waters of the Uhl River through tunnels from Barot to Jogindernagar. Two balancing reservoirs, an old reservoir of capacity 11.3 MCF and a new reservoir of capacity 5.6 MCF, were created at Barot and over decades, heavy siltation has accumulated, requiring periodic removal.

8. In the year 2018, also widespread complaints were received regarding the discharge of silt into the Uhl River