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Judgment
Barin Ghosh, C.J.—The principal prayer in this public interest litigation is revocation of the environmental clearance granted to Loharinagpala Hydro Electric Project. The basic reason there for seems to be non-discharge of the obligations, stipulated in the clearance certificate, by respondent No. 6.
It is submitted by the parties that subsequent to filing of the writ petition, the Central Government, in exercise of power conferred to it by Section 3 of the Environment (Protection) Act, 1986, has constituted an authority by the name "National Ganga River Basin Authority". It would be appropriate on our part, instead of going into the question of discharge of obligations contained in the environmental clearance by respondent No. 6, to request the said Authority to do so and we, accordingly, request the said Authority to look into the alleged breaches of the environmental clearance, granted for Loharinagpala Hydro Electric Project, by respondent No. 6, as have been alleged in the instant writ petition. The petitioners shall file a complaint before the said Authority highlighting the breaches of the clearance granted. Only upon such complaint being filed, after giving an opportunity of hearing to respondent No. 6, the said Authority shall decide the matter. In the event, it is held by the said Authority that irrectifiable breaches have been committed by respondent No. 6, it shall report the matter back to this Court in order to enable this Court to take further action. In the event, rectifiable breaches have been committed, it shall take such steps as are required for the purpose of rectifying the breaches.
In the writ petition, prayers have been made for carrying out detailed study on the impact on the sustainability of water resources due to receding glaciers, as also on cumulative impact assessment of the series of dams coming up on the river Ganga. Respondent Nos. 1, 2 & 3, if had carried out such study, they shall supply copies of the reports prepared thereon to the petitioners upon payment of costs already fixed there for. In the event, such study has not been carried out as yet, they shall do so upon the costs there for being paid by the petitioners, for which purpose, the petitioners, as a condition precedent, shall be required to deposit a sum of Rs. 2 lacs with this Court. The right of the petitioners to seek review of environmental clearance, granted to all similar projects, will accrue after the afore-mentioned studies are carried out.
The prayer for damage to the ecology is rejected at this stage, inasmuch as, it has not yet been proved that such damage has taken place by reason of any action on the part of any of the respondents.
With the directions as above, the writ petition is disposed of.