Hydel projects must maintain a minimum water flow of 15% to 20% as mandated by environmental regulations to protect ecosystem integrity.

G.S. Sandhawalia, Chief Justice [Oral]

De-linked from CWPIL No.33 of 2022.

However, copy of the order passed in this case be kept in

1 Whether reporters of Local Papers may be allowed to see the judgment?

the CWPIL for ready reference.

2. A Public Interest Litigation, i.e., CWPIL No.33 of 2022, was initiated on the basis of a communication dated 11.04.2022 [Annexure P-1, in CWPIL No..33 of 2022] received from Dev-Bhumi Environment Savior Forum, Mandi, H.P. raising the grievance that nominal quantity of water was being released from the Pandoh Dam and Barot Dam into the Byas (Beas) river and Uhal river and it was mandatory, as such, to release 15% to 20% water from such dams. Accordingly, notice was issued on

12.05.2022, in the said PIL.

3. The matter was tagged with the present case Civil Writ Petition No.2133 of 2020, titled Laxmender Singh versus Union of India & ors., by order dated 22.07.2022, wherein the relief was regarding directions H to the Punjab State Power Corporation Limited [PSPCL], which operates the Shanan Power House at Jogindernagar, District Mandi and manages the affairs of dam at Barot on the Uhal river. The same relief, as such, has been prayed for to release 15% to 20% water flow.

4. Reliance has been placed upon a letter dated 17.01.2020 [Annexure P-7, in writ file] issued by the Sub-Divisional Officer (Civil) Padhar, District Mandi to Deputy Commissioner, Mandi, District Mandi, stating that due to damage caused to the dam of the Uhl Hydel Project at Barot during the floods in the year 2.018, repair work was going on, and consequently, the flow of the river water had been stopped and only 8% water had been released. The factum of damage, as such, has also been mentioned in the reply filed by Deputy Commissioner, Mandi, who further stated that necessary directions had been issued on 29.01.2022 to comply with the orders of National Green Tribunal [NGT] and to ensure the release of minimum 15% to 20% of lean season flow from the reservoir. It was further mentioned that the Punjab State Power Corporation Limited (PSPCL), vide communication dated 10.09.2019 H [Annexure R-9] had recommended the release of an additional quantity of 8 cusecs of water from the Barot Barrage so that the total discharge into the Uhal River would amount to 29 cusecs, which would be 15% of the average lean season flow.

5. Reference was made to the orders passed by National Green Tribunal (NGT) dated 09.08.2017 in this context. It is further mentioned that, vide letter dated 19.11.2019, the Sub-Divisional Magistrate (SDM) was directed to investigate the matter and take immediate action. It is also the matter of record that on .23.03.2022 [Annexure P-11], a meeting was held by the Himachal Pradesh State Pollution Control Board under the Chairmanship of the Member Secretary, regarding the release of 15% of water downstream of the head works by the Hydel Projects [Annexure P-11, dated 26.03.2022]. Various directions were issued regarding the requirement to comply with the Government Notifications dated 16.07.2005 and 09.09.2005 mandating the release of 15% of the minimum inflow during the lean season. The relevant portion of the meeting proceedings reads as under:-

“1. All the hydel projects need to ensure compliance as per the State Government Notification dated 16.07.2005 and dated 09.09.2005 and release 15% of the minimum inflow observed in the lean season in the river downstream the head works so that latest directions of the Hon’ble NGT can be complied:

2. All the hydel projects shall ensure that the online system are linked with HPSPCB website as per timeline mentioned by the project proponents, except by M/