SC for re-assessing viability of power projects in eco-fragile zone

The Supreme Court on Friday asked the Centre to reconsider setting up or running hydro-power projects, particularly those in the ecologically-fragile zone of the country, saying though the country required electricity for the economy to grow, there was a dire need to protect the lives of people.

“You can't destroy the ecology. You can consider keeping it out of eco fragile area,” a three-judge bench presided over by Chief Justice S A Bobde orally told Additional Solicitor General A N Nadkarni and Devashish Bharuka, representing the Ministry of Environment and Forest and Climate Change.

“You must take an overall view on power projects. It need not be on a particular state. In Uttarakhand, all river basin projects must be re-assessed,” the bench also comprising Justices B R Gavai and Surya Kant, said.

The court's remarks came as senior advocate Mukul Rohatgi, representing GMR company, contended that for more than six years, there was a complete stay on hydel power projects in Uttarakhand, blocking thousands of crore of investment. He sought a direction to the Centre to consider reports from the experts committee suggesting for re-starting some of the projects.

Advocate Prashant Bhushan, appearing for an intervenor, contended following the devastating Kedarnath flood in 2013, the power projects were stalled. He claimed the country had already achieved energy surplus. Uttarakhand government, represented by advocate Amit Anand Tiwari, said had those been allowed to come up, the state would have been able to give free electricity to the people.

The top court, giving time to the Centre, to file an affidavit within four weeks, said we must look for more benign sources of energy like solar and wind and there should be complete shutting down thermal power projects due to absolute detrimental effect on overall environment.

The bench cited example of sand mining in Periyar river in Kerala, resulting into creation of island of mud in the middle of the river.

The Centre had in December, 2014 claimed the hydro-power projects had aggravated the ecology of the state of Uttarakhand which was hit by a devastating flood in 2013, resulting into death and displacement of hundreds of people. These projects caused "irreversible damage" to the environment and enhanced landslides and other disasters, it had claimed.