Alaknanda Hydro Power Co. Ltd. Vs. Anuj Joshi & Ors. - STPL india

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2013 STPL(Web) 626 SC 10Alaknanda Hydro Power Co. Ltd. Vs. Anuj Joshi & Ors.As reported by AHPCL a modified Temple Plan was prepared in collaborationwith INTACH, Temple Samithi and Geological Survey of India and submitted toMoEF on 12.09.2011 and further intimated to MoEF on 09.02.2012 forcontinuation of works as per provisions of para 14(ii) of Section 5 notice.Earlier committees which visited sites during 16-17th June, 2012 and 29-30thAugust, 2012 and B.K. Chaturvedi Committee report April 2013, have allrecommended construction of temple works as per INTACH scheme. Thecommittee visited the temple site and found the work of raising the platform wasin advance stage of construction with certain changes made by temple priest andtrustees.3. The muck slope at the edge of the river shall be adequately protected by a retainingwall of at least 1-2 m height to be 1m above HFL corresponding to a flood of 2500 to3000m3/sec in the river.4. The existing slope of the muck disposed off is around 40-45o and shall be flattened to35o. The walls shall be constructed partially upto a maximum of 2m height and need tobe completed to the top with surface protection before July 2011 when monsoonprecipitation becomes intense. This is considered expedient to prevent sloughing, slidingof the critically steep much slope and to arrest flow of the muck into the river. The wallshall be constructive over a length of almost 1 km stretch at three major sites i.e. the dam,desilting basin and power house. This would lead to adequate environmental protection.5. Muck shall be compacted and Terraces shall be formed where so ever possible.As per plan approved by the State forest department there are 10 muck disposalsites in the project area out of which only sites 8 & 9 are permanent and othersare temporary meant only for construction duration. A total volume of 66.1 lacscubic meter of muck was estimated, out of which 16.79 lacs cubic meter of muckhas been utilized for back filling purpose. Further 12.5 lacs cubic meter iscontemplated to be utilized from muck site 6, 7 and 10 for back filling. 37.62 lacscubic meter is planned to be left over at site 3 (2.01 lacs cubic meter), 4(4.22 lacscubic meter), 6(4.96 lacs cubic meter), 7(2.39 lacs cubic meter), 8(8.8 lacs cubicmeter), 9(12.48 lacs cubic meter) and 10(2.77 lacs cubic meter) for land shapingand grading. Total muck utilization as on date as informed by AHPCL isestimated to be about 44%.A review of water quality parameters (Temperature, pH, Dissolved Oxygen,Biological Oxygen Demand) provided by the State Pollution Control Board,Uttarakhand for the year 2011-12 and 2012-13 measured in Alaknanda atRudraprayag i.e. upstream of Srinagar project and in Alaknanda at Deoprayag i.e.downstream of Srinagar project indicates that there is negligible difference in thewater quality parameters due to project construction activity.Slope dressing and toe walls are constructed/being repaired at temporary sites.Some construction material is stored on site No.6 and the same is planned to beremoved after completion of words. Soil from site No.4 is planned to be removedbefore monsoon, 2013 as the batching plant has been removed now. Soil fromsite no.7 is being removed now. Slope dressing, Terracing, Toe walls would beSupreme Court Judgements @ www.stpl-india.in
2013 STPL(Web) 626 SC 11Alaknanda Hydro Power Co. Ltd. Vs. Anuj Joshi & Ors.completed in location nos. 8 and 9 where much disposal is going to bepermanent.Angles of muck disposal sites 4,6,7,8 & 9 were got measured by AHPCL and arereported as follows: 4 – 21o/25o, 18o/33o, site 6 – 28o/29o, 32o/32o, site 7 –33o/29o, 37o/36o/27o, site 8 – 31o,32o, site 9 – 35o/36o/35o/37o, 35o/32o.Slopes of muck disposal areas (angle of repose) are given as 45o at para 18(3)page no.16 of Report on “Muck Disposable and Management of Srinagarproject” by IIT, Roorkee, November 2008. However MoEF letter has suggestedflattening the slopes up to 35o. The slopes measured and reported by AHPCLappear to be in order.Earthen cofferdam in front of power house is planned to be removed aftercompletion of power house for joining the water from powerhouse to riverthrough tail water channel and soil to be utilized for back filling and landscaping.This cofferdam was synonymously referred to as Muck disposal site no. 10 atPower house location in the section 5 notice dt. 30.06.2011. Disposal Locationno. 10 is well behind the power house coffer dam and has no contact with riverwater.All the toe walls which got damaged at the muck disposal sites during monsoon,should be repaired by AHPCL especially for those sites where muck is beingstored permanently.The photographs of all muck disposal sites of different time along with approvedmuck disposal plan by AHPCL is placed at Annexure – 3.6. Appropriate protection by plantation and gabions should be put only after slopes areflattened to 35o, protected by retaining walls of desired height. Thereafter, appropriatesoil cover of 1m shall be provided to raise plantation for slope protection.7. Muck disposal site wise restoration plan with the targets shall be submittedimmediately to the MoEF.In view of the ongoing removal of the muck from sites and construction activitythe plantation is expected to be taken up thereafter.8. Green Belt development to be undertaken simultaneously along with projectconstruction.Based on the estimates provided by Forest department in June 2012 for a sum ofRs.652.49 lacs for implementation in six years, AHPCL has deposited first yearbudget of Rs. 203.6 lacs with the state forest department for creating Green Beltaround the rim of the reservoir of Srinagar HEP in August 2012.The state forest department is expecting the Srinagar hydropower project to becommissioned in Dec 2013/Jan 2014 and only after filling the reservoir, theforest department intend to assess the requirement of sites above the submergedarea, the selection of species, the type of soil words etc. and creating the Greenbelt accordingly. Therefore they intend to start the green belt activities only afterSupreme Court Judgements @ www.stpl-india.in
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Alaknanda Hydro Power Co. Ltd. Vs. Anuj Joshi & Ors. - STPL india

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