Srinagar- The High Court of J&K and Ladakh has closed a public interest litigation (PIL) concerning potential pollution of Bonar Nallah. This tributary of the Jhelum River receives water discharged from the Kishanganga power project before flowing into Wular Lake in Bandipora district of north Kashmir.
However, a division bench of Chief Justice N. Kotiswar Singh and Justice Moksha Khajuria Kazmi made it “clear” that Jammu and Kashmir Pollution Control Board “will undertake necessary steps in accordance with the law to ensure that no environmental damage has occurred, and if any damage has occurred, the relevant authorities will take appropriate steps and actions as required by law.”
“In the absence of any specific denial or material indicating a breach of environmental safeguards, we do not deem it necessary to continue with this PIL and accordingly, the same is closed,” the court said while hearing the PIL filed in 2020 regarding pollution of the Bonar Nallah at Chandagee by dumping construction material and other refuge on the embankments. The PIL had also sought the Court’s direction to suitably compensate the residents of the project affected area whose residential houses got damaged due to blasting while constructing Kishanganga Hydroelectric Project (KGHP).
It had also sought court direction to the authorities concerned to engage the uneducated youth of the project affected area [Non land occupied] as they have been rendered without any source of livelihood.
“The contesting respondents, specifically respondent No. 2 (Chairman & Managing Director, NHPC) and respondent No. 7 (General Manager, NHPC), who have been assigned the task of construction of Kishanganga Hydroelectric Project (KGHP), have asserted that the project has been executed with utmost adherence to environmental safeguards and without causing any detrimental impact,” the court observed.
In this regard, the Court said, they have filed an affidavit on 14 April 2022, emphasizing the comprehensive measures taken by the executing agency to ensure the safety of the surrounding environment.
Moreover, the court said, it is highlighted that on 29 August 2018, M/s HCC deposited Rs. 34,29,900 as compensation for the damages caused to the structures in villages of Mantrigram.
Besides, the Court said that it has been emphasized further in the report that environmental laws have been strictly adhered to as the Multi-Disciplinary Monitoring Committee on environmental aspect of Kishanganga Hydroelectric Project had visited the project sites several times and affirmed that the environmental laws are being complied with.”
“Under the circumstances and in the absence of any specific denial or material indicating a breach of environmental safeguards, we do not deem it necessary to continue with this PIL and accordingly, the same is closed,” the court said, adding, “However, we also make it clear that respondent No. 6(Jammu and Kashmir Pollution Control Board), will undertake necessary steps in accordance with the law to ensure that no environmental damage has occurred, and if any damage has occurred, the relevant authorities will take appropriate steps/actions as required by law.”
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