WPMS/3889/2019
2021 Latest Caselaw 4522 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. 3889 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)



                             JUDGMENT

Heard learned counsel for the parties.

2. Alaknanda Hydro Power Company Ltd. has filed this Writ Petition challenging the notification dated 14.09.2019 issued by Ministry of Jalshakti (Department of Water Resources, River Development & Ganga Rejuvenation), Government of India. By the said notification, time granted vide earlier notification dated 09.10.2018 for making structural changes to the existing projects for maintaining minimum environmental flow in river Ganga was withdrawn.

3. Since by the original notification dated 09.10.2018, three years period was granted to existing projects for making necessary modifications, which time has also expired on 08.10.2021, therefore, no useful purpose would be served by keeping this writ petition pending.

4. Accordingly, the writ petition is dismissed as infructuous. However, dismissal of this Writ Petition will not prejudice the petitioner in his challenge to the original notification.

(MANOJ KUMAR TIWARI, J.) Navin