{DUU-2} Legal Status of Cases

1)Project Name: Tehri Dam Project

River: Bhagirathi & Bhilangana

Agency: Tehri Hydro Development Corporation

On 18-12-04 Petitioners Mr. N. D. Jayal and Mr. Shekhar Singh file an application in the High Court of Uttaranchal. On 28-2005 THDC has filed reply on this. Next date is 8-6-2005.

2) Project Name: Loharinag-Pala Hydroelectric Project (4x150 MW)

River: BhagirathiAgency: National Thermal Power Corporation (NTPC)

Environmental Clearance granted on 8.2.2005

A Case filed against Ministry of Environment & Forest, Uttaranchal State Pollution Control Board and NTPC in National Applet authority on 1-4-2005. Notice has been issued to all three parties. Hearing will be on 5^th May 2005. Case filed by Matu Peoples’ Organisation and Two headmen of effected villages named Tihar and Bhatwari.

3)Project Name: Tapovan Vishnugad Hydroelectric Project (4x130 MW)
Agency: National Thermal Power Corporation (NTPC)

River: Alaknandaganga

Environmental Clearance granted on 8.2.2005

A Case filed against Ministry of Environment & Forest, Uttaranchal State Pollution Control Board and NTPC in National Applet authority on 1-4-2005. Notice has been issued to all three parties. Hearing will be on 5^th May 2005. Case filed by Joshimath Bachao Sangharsh Samiti and Matu Peoples’ Organisation.

On 5^th and 17^th both cases argued by Adv. Ritiwik Dutta and heard by vice-chairman Mr. Vishwanath Anand, who is ex-secretary of Ministry of Environment & Forest. (No judge and not any other member are appointed. Seats are vacated.) The order on whether the case will be admitted or not was passed on 20^th May 2005. Minutes prepared by Ms. Kanchi Kohli are in the separate attachment. What ever discussed in the authority on 5^th 17^th May was not reflected in the decision. He dismissed the case with saying that one of the petitioner (Vimalbhai) was keeping track of MoEF Web site and he is residing in Delhi. Decision------“Authority has come to the conclusion that the appellants have not succeeded in presenting circumstances or events, which could reasonably be construed as sufficient cause, which prevented them form filing this appeal within the stipulated time.”............Without passing any comments on any of the other issues, this Authority does not condone late filing of this appeal and therefore does not admit the appeal. In the result, this appeal is dismissed. No order as to costs.”

Now Environment Impact Assessment Report has been given by NTPC. At least this we achieve through this case. CAN ANYONE DO THE CRITIQUE OF THESE EIAs??? IF YOU ARE INTERESTING PLEASE ASK, WE WILL SEND YOU. OR ANYWAY IF YOU WANT FOR YOUR OWN PURPOSE, PLEASE BARE THE COST OF PHOTOCOPY AND POSTAGE ETC.

From The Affected Area:-----While, the struggle for rights is going on in both dam-affected areas.

In Loharinag-Pala area

• On 26^th April 2005 District Magistrate holed a meeting with affected people and NTPC official. Nothing has been come out.
• No document provided to the people. Till today the minutes of that meeting were not given to the people.
• Report of socio-economic survey conducted by Agricultural University of Pant Nagar is awaiting.
• In Land acquisition process govt. used section 17 A (which is used for emergency work)
• No R/R plan has been prepared with the co-operation of the people as this is one of the main conditions of the environment clearance.
• People are not allowing NTPC to start work.

New contracts signed :--

On 7-4-2005 state Govt. has given CPUS to

1-Tehri Hydro Development Corporation (THDC)-Six Dams

2-National Hydro Power Corporation (NHPC) Three Dams

3-National Thermal Power Corporation (NTPC) One Dam

4-Satluj Jal Vidut Nigam Ltd. (SJVNL) Three Dams

In solidarity

Vimalbhai