IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.19147 of 2025

Decided on: 8th April, 2026 ------------------------------------------------------------------------------------- Gurdayal Sharma and others …..Petitioners

Versus

DSL Hydrowatt (P) Ltd. and others .....Respondents -------------------------------------------------------------------------------------

Coram

Ms. Justice Jyotsna Rewal Du a

Whether approved for reporting?1 For the Petitioners: Mr. Nitin Rishi and Mr. Khem Raj, Advocates.

For the Respondents: Mr. Ankush Dass Sood, Senior Advocate with Mr. Vikas Chauhan,

Advocate, for respondent No.1.

Mr. Vishwadeep Sharma, Additional Advocate General, for respondents No.2,

3, 5 and 6-State.

g Mr. Ankit Kaloti, Advocate, for respondents No.4 and 7.

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Jyotsna Rewal Dua, Judge

Petitioners-residents of Village & Post Office

Shallang, Tehsil & District Kullu, had filed this writ petition seeking directions to the respondents, inter alia, for constituting an Expert Members Committee to conduct in- situ investigation to find the actual cause of disaster in the

1

Whether reporters of print and electronic media may be allowed to see the order? Yes.

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adherence or invoking Clause (h) of Section 36, Clauses (i) & (m) of Section 34 and Clause (i) of Section 39 of the Disaster Management Act, 2005. Further prayer was made

to direct the respondents to conduct safety audit.s of the project components of respondent No.1 and also to conduct the assessment of damages caused to the p etitioners.

2. Vide interim order dated 04.12.2025 passed in this writ petition, respondent No.3 was directed to inspect the project site alongwith team of experts. Pursuant to the aforesaid directionsu, report was furnished on 09.12.2025. Another order was passed in the matter on 06.01.2026,

which reads as under:-

“In compliance to the order passed by this Court on 04.12.2025, learned Deputy Advocate General has handed over a site inspection report submitted by Chief Engineer (Energy), Directorate of Energy, Government of Himachal Pradesh, which is taken on record. The inspection report demonstrates that the site was inspected by Project Director-cum-Deputy CEO

i HIMURJA, who was the chairman of the Inspection H Committee and two Additional Superintending Engineers, one each of the Directorate of Energy and from the office of C.E(Gen.) HPSEBL, Sundernagar. Besides them, the Committee also comprised of the Sub Divisional Magistrate, Kullu, District Kullu, H.P., Assistant Engineer (Electrical), Directorate of Energy, Shimla and Project Officer, HIMURJA, Kullu. As far as the project proponent is concerned, Sh. Shayam Sunder Thakur, General Manager and Sh. Deepak Bhandari, were associated by the Inspection Committee in the course of the inspection of the project. A perusal of the report, prima facie, demonstrates that there is merit in the issues, which have been raised by the petitioners and for the purpose of the order that is being passed by

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the Court today, the conclusion of the inspection report is quoted for ready reference:-

“Based on the inspection and observations at the Sarbari Small Hydro Project site, the Committee draws

the following conclusions:

1. Impact on Surge Shaft/Tank Area:

 The surge shaft/tank area has been severely affected by rock mass movement, resulting in structural damage, including widening cracks and displacement of associated infrastructure

such as the penstock.

 The initial movement was triggered by excessive and persistent rainfall in 2023 and was further

aggravated during the 2025 monsoon season.

2. Remedial Measures and Restoration:

 Cement grouting and stabilization works were undertaken in 2023 and are currently ongoing to adduress structural deterioration and stabilize the

rock mass.

 Restoration work is in progress, with 62 personnel deployed at th