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Legal Challenge to Suspension of Loharinag-Pala Barrage Hydroelectric Project, Summaries of Law

Christ UniversityLaw

About a writ petition filed in the high court of uttarakhand at nainital by rural litigation and entitlement kendra (rlek) against the suspension of work at the loharinag-pala barrage hydroelectric project on bhagirathi river. The petition argues that the suspension is without adequate reason and could result in additional costs. The court issued a ruling that the suspension will not be enforced until further notice, and all related issues will be heard by the court within a month and a half.

Typology: Summaries

2019/2020

Uploaded on 12/02/2020

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (P.I.L.) No. 15 of 2009
Rural Litigation and Entitlement Kendra (RLEK) through its Chairman,
Avdhash Kaushal,
son of Sri late Ganga Saran resident of 68/1, Suryalok Colony, Rajpur Road,
Dehradun,
Uttarakhand.
............Petitioner
V/S
Union of India (through its Secretary), Ministry of Power, Government of India,
Shram
Shakti Bhawan, New Delhi and four others.
.............Respondents
Dated: - 26 th February, 2009
Coram: Hon’ble Prafulla C. Pant, J.
Hon’ble D. S. Verma, J.
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition (P.I.L.) No. 15 of 2009 Rural Litigation and Entitlement Kendra (RLEK) through its Chairman, Avdhash Kaushal, son of Sri late Ganga Saran resident of 68/1, Suryalok Colony, Rajpur Road, Dehradun, Uttarakhand. ............Petitioner V/S Union of India (through its Secretary), Ministry of Power, Government of India, Shram Shakti Bhawan, New Delhi and four others. .............Respondents Dated: - 26 th February, 2009 Coram: Hon’ble Prafulla C. Pant, J. Hon’ble D. S. Verma, J.

Public Interest Litigation advise petitioned for the applicant, Sri Kartikey Hari Gupta testing the suspension of work at the Loharinag-Pala Barrage Hydroelectric Project on Bhagirathi River. It was contended by the educated advice that the suspension of the hydroelectric undertaking is with no adequate reason and is preposterous. The Counsel further aruged that, an sum equivalent to 450 crores has just been spent on the venture and suspending the work would prompt more use. It is likewise referenced by the Counsel that Ganga River Basin Authority is made by the Service of Environment and Forests for investigating the issue. ISSUE: The principle issue in the writ appeal to was whether the suspension arrange gone by the government is viable or not, given that there is no adequate explanation behind passing such an arrange. HELD: The Court issued for suspension of the work will not be followed up on until further requests of this court. Every single related issue would be heard by the court following a month and a half.