J&K High Court Closes Plea Against Alleged Pollution Caused By Kishan Ganga Hydroelectric Project Due To No Evidence Indicating Breach Of Environmental Safeguards

In an order passed by Chief Justice N. Kotiswar Singh and Justice Moksha Khajuria Kazmi the court said,

“..in the absence of any specific denial or material indicating a breach of environmental safeguards, we do not deem it necessary to continue with this PIL and accordingly, the same is closed”.

The PIL was filed by Nazir Ahmad Pandit and others, seeking various reliefs regarding the environmental impact and damages caused by the project.

The PIL encompassed a range of grievances, including issues related to pollution of the Bonar Nallah at Chandagee, compensation for residents affected by project-related activities, employment opportunities for local youth, implementation of committee recommendations, and adherence to environmental norms by the project authorities.

In response to the PIL, the contesting respondents, including the Union of India and NHPC officials, asserted that the KGHP project had been executed with strict adherence to environmental safeguards, ensuring minimal impact on the surrounding ecosystem. They emphasized the comprehensive measures taken by the executing agency to mitigate any adverse effects on the environment.

The Court noted that the NHPC, the company responsible for constructing the KGHP, had submitted an affidavit in April 2022, stating that the project was built with strict adherence to environmental safeguards and without causing any negative environmental impact. The affidavit also mentioned that compensation had already been paid for damages caused to structures in nearby villages.

In light of the NHPC's affidavit and the absence of any concrete evidence of environmental damage, the Court concluded that there was no need to continue the PIL and closed the case.

However, the Court emphasized that the Jammu and Kashmir Pollution Control Board must take necessary steps to ensure no environmental damage has occurred. If any damage is found, the relevant authorities will be required to take appropriate action, the bench concluded

Case Title: Nazir Ahmad Pandit and Ors Vs Union Of India

Citation: 2024 LiveLaw (JKL) 90

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