Ensure No Damage Is Caused To Laxmi Narayan Temple Complex, Stop Dumping Debris Near It: Uttarakhand High Court to Authorities

The Uttarakhand High Court recently directed the authorities to forthwith stop the dumping of construction debris and demolition waste near an ancient Lakshmi-Narayan temple in Chamoli district."Prima facie, it appears that the dumping of the muck could not only impact the temple complex but also have a bearing on the ecology of the surrounding area," said the division bench of Chief Justice Vipin Sanghi and Justice Justice Ramesh Chandra Khulbe.In the order dated September 21, the bench further said, "We, therefore, direct that the dumping of the malba/muck should forthwith stop in the vicinity, i.e., within a radius of 100 metres of the temple complex or on the approach road to the temple complex."The order was passed in a writ petition filed by the Gram Sabha of Haat village, where a cluster of old temples is located. The village has been acquired for construction of Vishnugad Pipalkoti Hydro Electric Project. Sanctioned in 2011, the project is of a 444 Megawatt (MW) run-of-the-river hydropower plant on the Alaknanda River in the Yamuna River basin. It is being built by Tehri Hydropower Development Corporation India Limited. The court further directed the authorities to ensure that no damage or harm is caused to the temple complex itself. "It shall be their responsibility to ensure that the said temple complex is properly preserved," said the bench.Haat's Gram Sabha in the public interest litigation before the court said Tehri Hydropower Development Corporation India Limited was using the acquired land in the village for "purpose of dumping muck". The dumping is taking place in the vicinity of a temple built by Adi Shankaracharya in 8th-9th century, the court was toldThe petitioner relied on an Archaeological Survey of India report which also stated that the dumping around the temple complex should stop. The court was also shown a photograph of the area. Advocate Akash Vashishtha, appearing on behalf of Gram Sabha, argued: "The village Haat, in which the cluster of these temples is situated, and which is itself 1000 years old, is witnessing perpetual dumping of construction and demolition wastes. The ASI report recommends that not only the muck dumping should stop and be shifted to another area, but the site also needs to be protected" The court observed that the dumping of the muck could not only impact the temple complex but also have bearing on the ecology of the surrounding area.Issuing notice to the respondents including the union Ministry of Environment, Forest, and Climate Change (MoEFCC), Tehri Hydropower Development Corporation India Limited, District Magistrate Chamoli, Uttarakhand government and others, the court asked them to file their counter affidavits within the next four weeks. The Bench will hear the matter again on December 6, 2022.

Ensure No Damage Is Caused To Laxmi Narayan Temple Complex, Stop Dumping Debris Near It: Uttarakhand High Court to Authorities

Awstika Das

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