Thangu HEP developer moves HC to challenge termination of agreement

WITH THIS, ALL FOUR TERMINATED HYDEL PROJECTS IN NORTH SIKKIM ARE BEING CHALLENGED IN COURT
GANGTOK, 27 Nov: Another hydropower developer has approached the High Court of Sikkim challenging the State Government’s decision to terminate its agreement for developing a hydel project in North Sikkim. Himalayan Green Energy Private Limited has taken the government to court over the cancellation of its agreement to develop a hydel project on the Teesta near Thangu.
The company was developing the 280 MW Teesta Stage-I HEP near Thangu, North Sikkim. Earlier this year, the State Government had terminated a total of 4 hydel projects in North Sikkim. The developers of the other three projects have already challenged the decision in the high court, and now, the fourth developer has also approached the Court seeking redressal.
The petition challenges the order of the state government issued on 21 June, 2012 which states that the government has decided to terminate the agreement for developing of the respective hydropower projects. The court has issued notice to the state government.
Furthermore, the court, for now, has directed that the state respondents are not to create any third party interest with respect to the project related works and also directed the state through the DGP to ensure that the property of the petitioner in the area is adequately protected.
The other 3 terminated hydel developers who have challenged their project termination include Lachung Hydropower Private Ltd which was engaged in the development of the 99 MW Lachung HEP on the Lachungchu; Teesta Hydropower which was engaged in the development of the 99MW Bhimkyong HEP also on the Lachungchu at Bhimkyong village, North Sikkim and Chungthang Hydropower which was engaged in the development of 99 MW Bop HEP also on the Lachungchu in Bop village.
The Lachungchu is a tributary of the Teesta and these projects are located upstream of the 1,200 MW Teesta Stage-III being developed by Teesta Urja at Chungthang.
Earlier, while terminating these projects, State Government officials had informed of a host of factors behind the decision to scrap the projects. These included disinterest of the affected people and the post-18 September earthquake apprehensions along with the potential environmental impact. While the letter of termination was issued on 21 June the Cabinet decision on this had been taken earlier.