ALSO SOUGHT, PROPER ACTION PLAN TO ENSURE QUICK RESPONSE AND PROTECTION IN EVENT OF DAM FAILURE
VISHNU NEOPANEY
GANGTOK, 10 June: A Public Interest Litigation [PIL] has been filed in the High Court of Sikkim seeking the court's intervention in ensuring that proper warning systems and procedures are put in place for release of water from dams in the state.
Advocate Zangpo Sherpa has filed the PIL and named hydel project developers and the state government as respondents. It may be recalled that a young girl was swept away by the Teesta near Singtam when the water from the Teesta Stage-V Dam at Dikchu was released on 18 April, earlier this year. The water was released without warning or an adequate alert sounded downstream, the locals from the area had alleged. This, in fact, has been a recurring complaint from affected people downstream of dams in the State and becomes even more pertinent in light of the macabre scale of casualties reported from Mandi in Himachal Pradesh where 24 students were drowned when a dam on the Beas released water without adequate warning.
Advocate Sherpa, it may be mentioned here, had been appointed the Legal Aid Counsel seeking justice on behalf of the victim, Radhika Gurung.
In the PIL, Mr. Sherpa has sought directions from the High Court to the State Government and hydel project developers to take proper steps for inducting much required facilities, instruments, medical experts and technicians within 2 months to ensure that no threat or danger to life is caused by the operation of the Hydroelectic Projects in the State of Sikkim.
The PIL has also sought directions for the state government to prepare an emergency action plan setting out procedures to be followed for the protection of persons and property upstream and downstream of the dams in the event of an actual or imminent dam failure and to mitigate the effects of the disaster.
He also urges the Court to pass directions to the respondents to correct their approach by providing better protection mechanism, public awareness and basic facilities for warning the public about the release of excess water from dams by inducting the various instruments, mechanism and personnel required for proper protection and care of the health of the public.
Further, the PIL seeks directions to the State respondent to collect a fixed deposit of Rs. 1 crore from the major hydel power project companies and Rs 50 lakh from medium hydel power project companies and Rs 25 lakh from the small hydel project operators/ companies to be deposited in a Special Account under the Department of Social Welfare, from which compensation is to be released to the person affected by the operation of the hydro projects. The state may be given liberty to collect more funds in future.
The PIL also prays for an interim order directing the state respondent to release an amount of Rs 50,000 to the family of the victim Radhika Gurung, as an interim measure and Rs 50,000 from NHPC as immediate relief.
VISHNU NEOPANEY
GANGTOK, 10 June: A Public Interest Litigation [PIL] has been filed in the High Court of Sikkim seeking the court's intervention in ensuring that proper warning systems and procedures are put in place for release of water from dams in the state.
Advocate Zangpo Sherpa has filed the PIL and named hydel project developers and the state government as respondents. It may be recalled that a young girl was swept away by the Teesta near Singtam when the water from the Teesta Stage-V Dam at Dikchu was released on 18 April, earlier this year. The water was released without warning or an adequate alert sounded downstream, the locals from the area had alleged. This, in fact, has been a recurring complaint from affected people downstream of dams in the State and becomes even more pertinent in light of the macabre scale of casualties reported from Mandi in Himachal Pradesh where 24 students were drowned when a dam on the Beas released water without adequate warning.
Advocate Sherpa, it may be mentioned here, had been appointed the Legal Aid Counsel seeking justice on behalf of the victim, Radhika Gurung.
In the PIL, Mr. Sherpa has sought directions from the High Court to the State Government and hydel project developers to take proper steps for inducting much required facilities, instruments, medical experts and technicians within 2 months to ensure that no threat or danger to life is caused by the operation of the Hydroelectic Projects in the State of Sikkim.
The PIL has also sought directions for the state government to prepare an emergency action plan setting out procedures to be followed for the protection of persons and property upstream and downstream of the dams in the event of an actual or imminent dam failure and to mitigate the effects of the disaster.
He also urges the Court to pass directions to the respondents to correct their approach by providing better protection mechanism, public awareness and basic facilities for warning the public about the release of excess water from dams by inducting the various instruments, mechanism and personnel required for proper protection and care of the health of the public.
Further, the PIL seeks directions to the State respondent to collect a fixed deposit of Rs. 1 crore from the major hydel power project companies and Rs 50 lakh from medium hydel power project companies and Rs 25 lakh from the small hydel project operators/ companies to be deposited in a Special Account under the Department of Social Welfare, from which compensation is to be released to the person affected by the operation of the hydro projects. The state may be given liberty to collect more funds in future.
The PIL also prays for an interim order directing the state respondent to release an amount of Rs 50,000 to the family of the victim Radhika Gurung, as an interim measure and Rs 50,000 from NHPC as immediate relief.
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