UTTAM SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THE Petitioner by means of this petition has prayed that the Respondents be restrained from setting up a project known as Swad Hydro Electric Power Project in village Shikawari, Tehsil Thunag, District Mandi mainly on the ground that the setting up of such a project would be harmful to the ecology and environment of the area. It is specifically pleaded by the Petitioner that such a project would cause damage to his property. According to the Petitioner previously slate mines were existing in the area but as far back as the year 1983 the Government had banned the slate mines on the ground that it affected the ecology of the area.

(2.) THE State of Himachal Pradesh entered into a memorandum of understanding with Respondent No. 4 as far back as on 14th May, 2001 where by the Respondent No. 4 was permitted to set up a micro hydro electric power project of 1 M.W., namely, Swad Project in the area in question. It is also apparent from the record that before grant of final approval, notices (Annexure R4/1) were issued in Hindi and English newspapers as required by law and objections were invited from the people of the local area. No objection was received. The explanation given by the Petitioner is that he was not aware about such notice inviting such objections. The explanation of the Petitioner that he was not aware of such notification cannot be accepted. These notifications were issued as far back as in the year 2004. Thereafter, the H.P. State Electricity Board vide annexure P -5 dated 16.6.2008 granted Techno Economic Clearance to the project. This Court can take judicial notice of the fact that before such clearance is granted the party seeking clearance has to go to the area, carry out the investigation and a detailed project report has to be submitted. The area in question is not a thickly populated area and if any activity was carried out the villagers should have been aware of the same.

(3.) EVEN on the merits of the case, we find that the main apprehension of the Petitioner is that due to the setting up of the project especially the underground tunnels which have to be constructed there is likely to be some damage to the strata of the land. The Assistant Geologist has given a detailed report after filing of the present petition and his conclusion and recommendations are as follows: