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Himachal Pradesh HC halts Barot de-silting – Compensation Required for Trout Recovery
Key Details:
It is on the basis of the admissions, we found that in spite of the recommendations made during the lean season, de-silting was being carried out. Respondent-Shanan Hydroelectric Project has, thus, carried out the de-silting solely for the economic gain as such of the project.
The matter was placed before the Bench after the high court took suo motu cognizance of a letter addressed to the Chief Justice stating that silt discharge from Barot Dam in Mandi district of Himachal Pradesh had affected water purity level, leading to casualty of the marine life in the water. The present case is about the rainbow trout and brown trout fish being caught in the sandstorm of silt and not being allowed to breathe and breed, the Bench asserted, before issuing a series of mandatory directions. The Bench ordered that the respondent “shall not do any de-silting on the site in question before March 1 of every year.” The direction assumes significance as trout breeding is a notified closed season from November to February under the Himachal Pradesh Fisheries Act. During the de-silting process, efforts would be made to install sensors below the scour outlet and at least at two to three downstream locations to record data on Total Suspended Solids (TSS) discharge and maintain proper monitoring. The Department of Fisheries would inspect the release of at least 15 per cent of the minimum discharge, as directed by the National Green Tribunal (NGT), during the lean period and the project would not hoard water. The state would make efforts to constitute a River Monitoring Committee, to be chaired by the Deputy Commissioner, along with senior officers from the Fisheries and Electricity Departments and a representative of the project proponent. The committee would advise on the manner and timing of de-silting, including whether it should be carried out during the day, and recommend restrictions for other projects in areas where trout fish abound and breed. Keeping in view the damage caused and the need for replenishment of riverine life, the court directed the project proponent to deposit Rs 12 lakh with the Department of Fisheries, which would stock the river with brown trout and rainbow trout in a graded manner over the coming years using the funds. The department would also be at liberty to utilise the amount for further enhancement of aquatic life in the river, subject to furnishing details of utilizatio
Impact/Context:
The case highlights a critical issue facing Himachal Pradesh’s rivers – the impact of de-silting operations. The court’s directive is a significant step towards mitigating the ecological damage caused by these activities, directly impacting the trout population and the overall health of the river ecosystem. The focus on monitoring and responsible discharge of water is vital to preserving the delicate balance of the natural environment.
English Summary:
The Himachal Pradesh High Court has halted de-silting operations at Barot Dam, a significant area for trout breeding, due to the impact of silt discharge on water quality. The court ordered the project proponent to halt de-silting before March 1st of each year. The project will be monitored, and a River Monitoring Committee will be formed to advise on the de-silting process, prioritizing the monitoring of Total Suspended Solids (TSS) discharge and implementing restrictions for other projects. The state will invest Rs 12 lakh with the Department of Fisheries to bolster river life, focusing on the restocking of trout populations. This action reflects a commitment to protecting the state’s natural resources and ensuring the long-term health of the river systems.
English Summary – Further Expansion
The situation demands immediate attention. The court’s decision underscores the importance of rigorous environmental safeguards and proactive measures to protect the unique biodiversity of Himachal Pradesh’s rivers. The focus on the monitoring system demonstrates a commitment to restoring the natural flow and health of the water bodies.