'No New Dams In Uttarakhand's Upper River Ganga Basin; Only Ongoing 7 Hydel Projects Will Be Allowed': Union To Supreme Court

In a 2013 case pertaining to Hydro Electric Projects, the Union of India has filed an affidavit before the Supreme Court suggesting that only 7 Hydel Electricity Projects (commissioned/ongoing) be permitted to proceed and no other new projects be undertaken in the upper reaches of the river basin in State of Uttarakhand.

Of the 7 projects that are suggested to be allowed to proceed, 4 are already commissioned, and 3 have already achieved substantial physical and financial progress. These projects include -

1. Tehri PSP (Tehri Stage-II) (Commissioned)

2. Tapovan Vishnugad (NTPC) (75.28% completed)

3. Vishnugad pipalkoti (THDCIL) (80% completed)

4. Singoli Bhatwari (L&T) (Commissioned, November 2020)

5. Phata Byung (Lanco) (74% completed)

6. Madhmaheshwar (UJVNL) (Commissioned, September 2024)

7. Kailganga - II (Chamoli Hydro) (Commissioned, May 2022)

"Apart from the seven (07) Hydro-Electric Projects mentioned hereinabove, the Union of India is not in favour of permitting any other new Hydro-Electric Project in the Alaknanda and Bhagirathi river basin in the upper reaches of the River Ganga in the State of Uttarakhand", the affidavit states.

To recap, the present case emanated from the 2013 flood disaster in Uttarakhand, which put into perspective the region's fragile ecology and disaster vulnerability. In January this year, the Court had granted the Union 3 months' time to take a final decision on the recommendations made by a Court-constituted Committee.

Pursuant to the aforesaid, the Union has filed the present affidavit placing the stand of 3 Ministries - Ministry of Environment, Forest and Climate Change, Ministry of Power and Ministry of Jal Shakti.

In the affidavit, it is mentioned that the stance of an expert body (EB-II), which recommended 28 projects, was based on the impact of project on terrestrial and aquatic ecosystems. But important attributes like landslides, flash floods, glacial lake outburst flood, seismic activities, etc. were not considered in the scoring methodology.

It is further stated that the region is characterized by a sui generis combination of seismic, glaciological, geomorphological, and hydrological factors that set it apart from other river systems. As such, it continues to witness repeated natural disasters.

The affidavit also acknowledges the Union's commitment to develop hydropower potential of the country and recognizes the importance of HEPs in providing clean and renewable energy. However, it adds, "the development of HEPs is not, and cannot be, governed by uniform considerations across all river systems and terrains, and the desirability and feasibility of HEPs in any given basin is necessarily conditioned by the site-specific environmental, geological, hydrological, ecological, social, cultural and policy attributes of that basin, more so in the upper Ganga basin which is closely linked to the cultural and spiritual identity of our nation".

Case Title: Alaknanda Hydro Power Co. Ltd. v. Anuj Joshi & Ors., Civil Appeal No.6736/2013