Uttarakhand High Court
WPPIL/113/2021 on 14 July, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN
AND
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
WRIT PETITION (PIL) NO. 113 OF 2021
14TH JULY, 2021
BETWEEN:
Sangram Singh & others .....Petitioners.
And
Union of India & others ....Respondents.
Counsel for the Petitioner : Mr. D.K. Joshi.
Counsel for the respondents : Mr. B.P.S. Mer, learned Brief
Holder.
Mr. Rakesh Thapliyal, learned
Assistant Solicitor General for
the Union of India.
Mr. Aditya Pratap Singh,
learned counsel for respondent
no.6.
Dr. Kartikey Hari Gupta,
learned counsel for respondent
no.7.
The Court made the following:
JUDGMENT:(per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)
The petitioners have filed this writ petition for
seeking the following reliefs before this Court:-
"a. Direct the respondent No.1 (MoEF& CC) and
respondent-State of Uttarahand to revoke the forest
clearances and environmental clearances granted prior
to February, 2021 to Rishi Ganga and Tapovan-
Vishnugad Hydro Projects since the old clearances have
become redundant in the current post-flood scenario.
b. Direct cancellation the Tapovan-Vishnugad and
Rishi Ganga Hydro Projects in view of future safety and
stability of the terrain and direct respondent No.1
(MoEF& CC) and Ministry of Jalshakti to initiate
ecological restoration of the entire watershed area of the
Rishi Ganga sub-basin to ensure future stability of the
terrain.
c. Direct NTPC and Rishi Ganga Hydro Power Ltd. to
ensure compensation for the affected families who have
lost one or more member of their family.
d. Direct the State of Uttarakhand to ensure secure
and safe rehabilitation of the Raini village along with
ecological restoration of the affected areas, the cost of
rehabilitation and restoration works of the affected areas
may be given by the hydro projects proponents.
e. Direct to fix an accountability of respondents for
criminal negligence in continuing the unscientific and
harmful construction and operation of hydro power
projects in the disaster prone area and that too without
any early warning system which caused loss of more
than 200 lives. Directions to initiate legal proceedings
against the culprits as per the law.
f. Direct the State of Uttarakhand to ban blasting,
river-bed mining and stone crushing activities in the
entire area of Rishi-Ganga and Dhauli Ganga sub-basin.
g. Direct the respondent No.1 (MoEF &CC) to
blacklist NTPC and Rishi Ganga Hydro Project Ltd. from
Hydro Power Sector for inflicting irreparable damage to
the local ecology through willful non-compliance and
violations of the various environmental norms and
recommendations of the Supreme Court expert body."
2. Petitioner Nos.1, 2 and 3 claim to be the residents
of Village Raini (Palla), District Chamoli, and Petitioner Nos.4
and 5 claim to be the residents of Joshimath, District
Chamoli. They further claim to be "social activists". However,
there is no piece of evidence produced by these petitioners to
establish the fact that they are "social activists". They have
neither mentioned if they had spearhead a social movement,
or raised any social issue on any previous occasion, nor have
they submitted any evidence to show that they are the part of
a Non-Governmental Organization, or a Social Activist
Organization. Yet, their prayers are that respondent No.1, the
Union of India, Ministry of Environment, Forests & Climate
Change, should be directed to revoke the forest clearances
and environmental clearances granted prior to February,
2021 to Rishi Ganga and Tapovan-Vishnugarh Hydro Projects.
Their other prayer is that the projects which are already
under construction should be cancelled by this Court.
3. This petition seems to be a highly motivated
petition which has been filed at the behest of an unknown
person or entity. The unknown person or entity is merely
using the petitioners are a front. Therefore, the petitioners
are merely puppets at the hand of an unknown puppeteer.
4. Needless to say, this certainly amounts to abuse
the PIL jurisdiction. Therefore, this Court is not convinced
with the bona fide of this petition. Hence, this petition is
dismissed, while imposing costs of Rs.10,000 on each of the
petitioner. The petitioners are directed to deposit Rs.10,000/-
each before the Registrar General of this Court within a
period of two weeks. The said amount shall be transferred
into the High Court Advocates' Welfare Fund.
(RAGHVENDRA SINGH CHAUHAN, C.J.)
(ALOK KUMAR VERMA, J.)
Dated: 14th July, 2021
NISHANT
