Unscientific De-Silting Causing Silt Discharge Into River, Harming Marine Life: HP High Court Imposes ₹12 Lakh Fine On Hydro Project

The Himachal Pradesh High Court has held that unscientific de-silting leading to the discharge of excessive silt into river systems and harm to aquatic life warrants the imposition of environmental compensation. The Court observed that economic considerations of power generation cannot override environmental protection and preservation of marine life.A division bench of Chief Justice G.S. Sandhawalia and Justice Bipin Chander Negi was hearing a Public Interest Litigation initiated on the basis of a letter highlighting the discharge of silt from the Barot Dam affecting water quality and trout population in the Uhl river. The case concerned the Shanan Hydroelectric Project, where it was alleged that de-silting operations were being conducted in violation of earlier court directions and expert recommendations, particularly during the trout breeding season between November and February. The record showed that despite earlier directions in 2018 prohibiting unscientific dumping of silt, the project authorities continued de-silting, leading to high turbidity, fish mortality, and ecological imbalance.The Court examined multiple inspection reports and communications from various authorities. It noted that de-silting activities had resulted in a drastic rise in Total Suspended Solids (TSS) from 3 mg/L upstream to 2812 mg/L downstream, far exceeding permissible limits, thereby adversely affecting aquatic life. It further observed that the project authorities failed to release the mandated minimum water flow and carried out operations during the breeding season, aggravating the ecological damage.The Court held that the conduct of the project proponent demonstrated disregard for earlier judicial directions and expert recommendations requiring scientific and regulated de-silting. It found that the accumulation of silt over the years due to negligence and its sudden discharge in a short period caused serious environmental harm, including disruption of trout breeding and degradation of water quality.Invoking the “polluter pays” principle, the Court held that the project proponent was liable to compensate for the environmental damage caused. It emphasised that environmental protection is a constitutional obligation and that preservation of rivers and aquatic ecosystems must take precedence over commercial considerations. It observed:“Article 51-A of the Constitution of India lays down the fundamental duties, and under sub Clause (g), it is the duty of every citizen of India to protect and improve the natural environment, including forests, lakes, rivers and wildlife, and to have compassion for living creatures.”Accordingly, the High Court directed the project proponent not to undertake any de-silting before 1st March each year and issued various directions to ensure compliance with environmental safeguards. The Court also directed the project proponent to deposit ₹12,00,000 as environmental compensation with the Fisheries Department for restoration of aquatic life, including stocking of trout in the affected river.Case Title: Court on its own motion vs. State of Himachal Pradesh & Ors. [CWPIL No. 01 of 2025]Click Here To Read/Download Order

Unscientific De-Silting Causing Silt Discharge Into River, Harming Marine Life: HP High Court Imposes ₹12 Lakh Fine On Hydro Project

Saksham Vaishya

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