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

2013 STPL(Web) 626 SC 14Alaknanda Hydro Power Co. Ltd. Vs. Anuj Joshi & Ors.Hydro mechanical works: dam and spillway, head race tunnel, forebay and byepass anddraft tube are 100% completed.Electro-mechanical works: 3 units are 100% completed whereas unit 4 is under progress.6.TORIII: In the context of Dhari Devi Temple, which is coming under submergence of thereservoir, the Committee will suggest best possible option regarding how to protect the DhariDevi Temple without disturbance at its present location.In the recent time there have been several committees who have gone through the issue ofthe submergence of Dhari Devi temple and a numbers of alternative to prevent thesubmergence of the Dhari Devi Temple were studied. These are as follows:(a) Architectural Heritage Division of Indian National Trust for Art and CulturalHeritage (INTACH) has prepared a plan in consultation with Dhari Devi TempleTrust, Geological survey of India and AHPCL in Sept 2011.(b) Dr. B.P. Das Committee Aug 2012 recommended that “In view of thecompelling Technical, Social, Religious and Sentimental Reasons narrated inpara 4.2, the feasibility of constructing a dry well structure to protect the rockmound in situ and “Maa Dhari Devi Idol” in its existing position is not feasible.The team therefore recommends for continuation of works of restoration of thetemple as per INTACH proposal”.(c) B.K. Chaturvedi Inter Ministerial Group (IMG) appointed sequel to the thirdmeeting of National Ganga River Basin Authority (NGRBA) in April 2012submitted its report in Sept 2012 where the IMG has recommended that bestsolution for saving the temple appears to be accepting the recommendation oftwo member committee comprising of Chairman Central Water Commission andChairman Central Electricity Authority represented by its Member (Hydro). Thetwo member committee examined the following option:(i) Construction of an enclosure bund around temple and surroundingghat and access road upto the level of 611m on the banks.(ii) Construction of an concrete well of about 30 meter diameter and 18meter height around the temple.(iii) Relocation of the temple to a safe location on the left bank of theriver.(iv) Raising the temple above the highest flood level at its currentlocation and to install the idol at higher elevation at the same spot withaccess to the temple through a pedestrian bridge from the left bank.(v) Construction of 30km long power channel and diversion dam in theupstream of existing dam.Keeping in view the limitations and infeasibility of implementing the first three optionsthe committee recommended the fourth option i.e. “Raising the temple above the highestSupreme Court Judgements @ www.stpl-india.in