WPMS/1189/2019
2021 Latest Caselaw 4515 UK

       IN THE HIGH COURT OF UTTARAKHAND
                           AT NAINITAL
          ON THE 11TH DAY OF NOVEMBER, 2021
                                 BEFORE:
       HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

            Writ Petition (M/S) No. 1189 of 2019

 BETWEEN:
        Alaknanda Hydro Power Company Ltd.....Petitioner
        (By Mr. V.K. Kohli and Mr. D.S. Patni, Senior Advocates, assisted by
        Mr. Dharmendra Barhwal, Advocate)


 AND:
        Union of India & others                   ....Respondents
        (By Mr. Rakesh Thapliyal, Assistant Solicitor General with Mr. Pankaj
        Chaturvedi, Standing Counsel for the Union of India, Mr. C.S. Rawat,
        Chief Standing Counsel for the State of Uttarakhand and Mr. D.K.
        Joshi, Advocate for the intervener)



                              JUDGMENT

Heard learned counsel for the parties.

2. Alaknanda Hydro Power has challenged a notification dated 09.10.2018 issued by Ministry of Water Resources, River Development & Ganga Rejuvenation, Government of India, in exercise of powers under Section 3(3) of Environment (Protection) Act, 1986. The said notification provides for maintaining minimum environmental flow in river Ganga at locations downstream of structures or projects meant for diversion of river flows for purposes like irrigation, hydropower etc.

3. It is the contention of the petitioner that the hydropower project constructed and maintained by the petitioner is likely to be adversely affected by the

impugned notification and petitioner was not heard by the Central Government while issuing the notification.

4. Learned counsel for the petitioner submits that petitioner may be permitted to make a representation against the impugned notification and the Competent Authority in Central Government be directed to take decision on petitioner's representation.

5. Mr. Rakesh Thapliyal, learned Assistant Solicitor General appearing for the Union of India has no objection, if such direction is issued.

6. Accordingly, the writ petition is disposed of with liberty to petitioner to make representation to the Competent Authority in Ministry of Water Resources, Government of India. If petitioner makes such representation on or before 18.11.2021, decision thereupon shall be taken within ten days thereafter.

7. Since this Court has not considered the challenge thrown by the petitioner on merit, therefore, petitioner shall be at liberty to agitate the matter before appropriate forum, if need be.

8. Let a certified copy of this order be issued today itself.

(MANOJ KUMAR TIWARI, J.) Navin