Sikkim High Court
In Re: Release Of Water From Dikchu ... vs The Chief Secretary on 1 March, 2021
Bench: Hon'Ble The Justice, Bhaskar Raj Pradhan
THE HIGH COURT OF SIKKIM : GANGTOK
(Civil Extraordinary Jurisdiction)
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D.B.: THE HON'BLE MR. JUSTICE JITENDRA KUMAR MAHESHWARI, C.J.
THE HON'BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE
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W.P. (PIL) No. 04 of 2017
In Re: Release of Water from Dikchu Hydelpower Project.
.... Petitioner.
Versus
1. The Chief Secretary,
Government of Sikkim,
Gangtok.
2. The Home Secretary,
Government of Sikkim,
Gangtok.
3. The District Collector,
East District, Gangtok.
4. Mr. Niladri Mondal,
Plant Head,
Sneha Kinetic Power Project Ltd.,
D.H.E.P. 96 MW
East Sikkim.
5. National Hydroelectric Power Corpn. Ltd.,
Teesta Stage-V
Balutar, Sirwani
Singtam, East Sikkim.
6. General Manager,
Teesta State III.
Hydro Power at Chungthang, North Sikkim
7. The Director,
Shiga Energy Ltd.,
Implementing company of Tashiding,
Hydroelectric Project at Lower Kabithang,
Labing, West Sikkim.
8. The General Manager,
National Hydroelectric Power Project at Hingdam,
Tashiding Road, South Sikkim.
2
W. P. (PIL) No. 04 of 2017
In Re: Release of Water from Dikchu Hydelpower Project v. Chief Secretary & Ors.
9. Site Incharge/Plant Incharge,
O and M, Dans Energy Private Limited,
Chisopaney, South Sikkim.
10. Site Incharge/Plant Incharge,
O and M. Chuzachen Hydro Electric Project
At Rangpo and Rongli, East Sikkim.
11. Site Incharge/Plant Incharge,
O and M. Rongli Dam at Rongli,
East Sikkim. ..... Respondents.
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Appearance:
Mr. N. Rai, Senior Advocate as Amicus Curiae.
Dr. Doma T. Bhutia, Additional Advocate General with Mr.
S. K. Chettri, Government Advocate for the Respondent
nos.1 to 3.
Mr. Tashi Rapten Barfungpa, Advocate for the respondent
no.4.
Mr. A. K. Upadhyaya, Senior Advocate with Mr. Sonam
Rinchen Lepcha, Advocate for the respondent nos. 5 and 8.
Ms. Sabina Chettri, Advocate for respondent no.6.
Mr. Rahul Rathi, Advocate for the respondent nos.7 and 9.
Mr. Sudhir Prasad, Advocate for respondent nos. 10 and
11.
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Date of Hearing : 01.03.2021
Date of Judgment : 01.03.2021
JUDGMENT
Bhaskar Raj Pradhan, J.
1. On 31.05.2017 this court issued notice upon the
respondent nos. 1 to 5 after it was brought to our notice
W. P. (PIL) No. 04 of 2017
In Re: Release of Water from Dikchu Hydelpower Project v. Chief Secretary & Ors.
through a newspaper report titled "Local accuse Dikchu
Project Developers of releasing water without warning"
which appeared in Summit Times, a local daily, on
28.05.2017 that water was being released from Dikchu
hydropower project without any warning or information
which may jeopardize the life and property of the residents
living downstream. On 01.06.2017 we took note of the
"Guidelines for Public Safety at Hydropower Projects"
(safety guidelines) issued vide Notification
No.26/Home/2015 dated 22.06.2015 and the fact that the
respondent no.4, a hydropower project, despite notice had
not taken necessary steps. The district collector, East
Sikkim was directed to visit the site and verify as to
whether the safety guidelines issued were being followed.
2. The district collector filed a report dated 02.06.2017
pointing out various deficiencies which was noted in our
order dated 05.06.2017. We therefore, issued directions
upon the respondent no.4 to make good the deficiencies
and to ensure that all safety standards required be
installed and undertaken. On the request of the learned
Amicus Curiae, vide order dated 20.06.2017, this court
permitted him to make site inspection of other hydropower
projects situated in Sikkim as well, and submit a report
regarding their compliance of the safety guidelines. On
W. P. (PIL) No. 04 of 2017
In Re: Release of Water from Dikchu Hydelpower Project v. Chief Secretary & Ors.
28.07.2017 the learned Amicus Curiae reported that he
had visited various hydropower projects situated in Sikkim
and found that several requirements of the safety
guidelines had not been complied with by those
hydropower projects. Thus we issued notice upon all the
other hydropower projects named in the order dated
28.07.2017 (respondent no.6 to 11). Pursuant to the
notice, affidavits were filed by the hydropower projects and
the concerned district collectors were directed to examine
the affidavits, inspect the site and submit their response
vide our order dated 14.09.2017. Various directions to
specific hydropower projects for compliance of the safety
guidelines were issued from time to time by us on being
pointed out the deficiencies. On 12.12.2017 it was noted by
us that all safety measures had been complied by the
hydropower projects situated in the four districts as per the
reports submitted by the four district collectorates in
compliance of the order dated 21.11.2017 passed by this
court.
3. At this juncture the Energy and Power Department,
Government of Sikkim submitted a report with regard to
the abandoned pond at the Sirwani hydropower project
(Sirwani project) where stagnant water of around 35000
cum. was seen.
W. P. (PIL) No. 04 of 2017
In Re: Release of Water from Dikchu Hydelpower Project v. Chief Secretary & Ors.
4. Thereafter, various orders were passed from time to
time to ensure the drainage of the stagnant water at the
Sirwani project. An affidavit dated 22.02.2021 has been
filed on behalf of respondent no.5 stating that in pursuance
to the order dated 30.11.2020 the dewatering of the
desilting basin has been completed and there is no water
logging in the area. It is also pointed out that seepage water
has been collected in a sump and there is continuous
dewatering from the sump on a regular basis. The
respondent no.5 points out that construction activity in the
said area has also started. The latest photographs before
and after dewatering has been annexed along with the
affidavit.
5. The learned Amicus Curiae, thus, submit that nothing
further survives in the public interest litigation which may,
therefore, be closed.
6. We have considered the submission made by the
learned Amicus Curiae and examined the reports filed from
time to time by parties before this court. We are of the
considered view that the present Public Interest Litigation
has served its purpose. Thus, we close the case with the
direction that the hydropower projects in Sikkim shall
ensure strict compliance of the safety guidelines. The
concerned Governmental authorities are also directed to
W. P. (PIL) No. 04 of 2017
In Re: Release of Water from Dikchu Hydelpower Project v. Chief Secretary & Ors.
undertake periodic inspection and review to ensure that the
hydropower projects in Sikkim follow the safety guidelines
and all other rules and regulations mandating safety
measures to ensure that life and properties of the people
living in the vicinity of the hydropower projects and in the
areas which could be affected by the flow of the waters from
these projects are safeguarded.
( Bhaskar Raj Pradhan ) ( Jitendra Kumar Maheshwari )
Judge Chief Justice
01.03.2021 01.03.2021
Approved for reporting : Yes
Internet : Yes
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