Supreme Court on Sustainable Development: Hydro Power Projects in Uttarakhand
The ecologically sensitive landscape of the Alaknanda and Bhagirathi river basin has been plagued by a number of hydropower projects with massive environmental and social impacts. Multiple legal disputes have arisen out of this context. This case brief looks into judicial interventions surrounding the efficacy of dams in Uttarakhand, especially aftermath of the disastrous floods of 2013 which shook the entire state.
The Supreme Court, in August 2013, directed the examination of the role of dams in the destruction caused by the floods, their ecological impact, and also imposed a moratorium on construction of new dams in Uttarakhand. The residents of Srinagar town in Uttarakhand were even successful in getting a favourable order from National Green Tribunal which directed the residents to be compensated for the losses suffered during the floods which was intensified due to the mismanagement of muck by the Srinagar dam. However, the victory was short-lived as the project proponent challenged the Tribunal’s judgment in the Supreme Court, which is now hearing the matter.
This case brief includes findings from our on-ground investigation of the extent to which the judicial orders have been implemented, various challenges in executing the court directions, and the role of activists and public servants. The Court’s usage of the sustainable development principle, especially in contexts of dams has also been examined here.
The brief and accompanying documentary ‘Ladenge Jeetenge’ (watch trailer) are part of Vidhi’s year-long research project tracking landmark judgments and orders on a wide range of issues such as the firecrackers ban in Delhi, industrial pollution in Patancheru (Telangana), impact of dams in Uttarakhand, waste management in Delhi and protection of wildlife corridors around Kaziranga National Park (Assam).
The film is scheduled to be released online on 28th January 2021 (Thursday) at 5 pm IST. To register for the event click here.
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About the Authors
Debadityo is a Senior Resident Fellow and Lead, the Climate & Ecosystems team at Vidhi. His research interest lies in the intersection of ecology, law, and policy. He graduated with B.Sc. (Hons) in Zoology from the University of Delhi in 2009 and completed M.Sc. (Tech.) Environmental Science & Technology from Banaras Hindu University in 2012. He has also undertaken training on Tropical Forest Restoration from Yale School of Forestry and Environmental Studies in 2016. He has over 12 years of professional experience in issues related to the environment and wildlife protection. In the past, he has worked with organizations like Vikram A. Sarabhai Community Science Centre, Legal Initiative for Forest & Environment, WWF-India, Wildlife Trust of India and several grassroots organizations. He is founder and trustee of Vindhyan Ecology and Natural History Foundation (since 2012). He is a recipient of the Sanctuary Wildlife Service Award' (2019) and is member of IUCN-Species Survival Commission’s Bear Specialist Group and EKOenergy network, Helsinki. Debadityo has also initiated litigations in the National Green Tribunal on issues related to environmental clearance, declaration of eco-sensitive zones and compensation for environmental damage.
Yogini is a Research Fellow working in the area of Health and Environment. Yogini completed her B.A. LL. B. (Hons.) from the West Bengal National University of Juridical Sciences, after which she pursued the Young India Fellowship at Ashoka University. Prior to joining Vidhi, Yogini worked at the Centre for Policy Research on the subject of Urban Sanitation. Yogini is interested in studying the workings of the law in the larger social, economic, and political contexts, especially with respect to health and environment and has published her work on this in various online media outlets and blogs.
