2025:HHC:22852 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.2133 of 2020 Decided on: 10.07.2025. __________________________________________________________ Laxmender Singh ...Petitioner Versus Union of India & ors. ...Respondents Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Hon’ble Mr. Justice Ranjan Sharma, Judge 1Whether approved for reporting?. For the petitioner: Mr. Roop Lal Chaudhary and Mr. H.R. Sidhu, Advocates. For the respondents: Mr. Nand Lal Thakur, Senior Panel Counsel, for respondent No.1-UOI. Mr. Anand Sharma, Senior Advocate with Mr. Karan Sharma, Advocate, for respondents No.2 to 4. Mr. Pranay Pratap Singh, Additional Advocate General, for respondents No.5, 7 & 8-State. Mr. Maan Singh and Mr. Rohan Thakur, Advocates, for respondent No.6. G.S. Sandhawalia, Chief Justice [Oral] De-linked from CWPIL No.33 of 2022. However, copy of the order passed in this case be kept in 1 Whether reporters of Local Papers may be allowed to see the judgment? 2025:HHC:22852 - 2 - the CWPIL for ready reference. 2. A Public Interest Litigation, i.e., CWPIL No.33 of 2022, was initiated on the basis of a communication dated 11.04.2022 [Annexure P-1, in CWPIL No.33 of 2022] received from Dev-Bhumi Environment Savior Forum, Mandi, H.P. raising the grievance that nominal quantity of water was being released from the Pandoh Dam and Barot Dam into the Byas (Beas) river and Uhal river and it was mandatory, as such, to release 15% to 20% water from such dams. Accordingly, notice was issued on 12.05.2022, in the said PIL. 3. The matter was tagged with the present case Civil Writ Petition No.2133 of 2020, titled Laxmender Singh versus Union of India & ors., by order dated 22.07.2022, wherein the relief was regarding directions to the Punjab State Power Corporation Limited [PSPCL], which operates the Shanan Power House at Jogindernagar, District Mandi and manages the affairs of dam at Barot on the Uhal river. The same relief, as such, has been prayed for to release 15% to 20% water flow. 4. Reliance has been placed upon a letter dated 17.01.2020 [Annexure P-7, in writ file] issued by the 2025:HHC:22852 - 3 - Sub-Divisional Officer (Civil) Padhar, District Mandi to Deputy Commissioner, Mandi, District Mandi, stating that due to damage caused to the dam of the Uhl Hydel Project at Barot during the floods in the year 2018, repair work was going on, and consequently, the flow of the river water had been stopped and only 8% water had been released. The factum of damage, as such, has also been mentioned in the reply filed by Deputy Commissioner, Mandi, who further stated that necessary directions had been issued on 29.01.2022 to comply with the orders of National Green Tribunal [NGT] and to ensure the release of minimum 15% to 20% of lean season flow from the reservoir. It was further mentioned that the Punjab State Power Corporation Limited (PSPCL), vide communication dated 10.09.2019 [Annexure R-9] had recommended the release of an additional quantity of 8 cusecs of water from the Barot Barrage so that the total discharge into the Uhal River would amount to 29 cusecs, which would be 15% of the average lean season flow. 5. Reference was made to the orders passed by National Green Tribunal (NGT) dated 09.08.2017 in this 2025:HHC:22852 - 4 - context. It is further mentioned that, vide letter dated 19.11.2019, the Sub-Divisional Magistrate (SDM) was directed to investigate the matter and take immediate action. It is also the matter of record that on 23.03.2022 [Annexure P-11], a meeting was held by the Himachal Pradesh State Pollution Control Board under the Chairmanship of the Member Secretary, regarding the release of 15% of water downstream of the head works by the Hydel Projects [Annexure P-11, dated 26.03.2022]. Various directions were issued regarding the requirement to comply with the Government Notifications dated 16.07.2005 and 09.09.2005 mandating the release of 15% of the minimum inflow during the lean season. The relevant portion of the meeting proceedings reads as under:- “1. All the hydel projects need to ensure compliance as per the State Government Notification dated 16.07.2005 and dated 09.09.2005 and release 15% of the minimum inflow observed in the lean season in the river downstream the head works so that latest directions of the Hon’ble NGT can be complied: 2. All the hydel projects shall ensure that the online system are linked with HPSPCB website as per timeline mentioned by the project 2025:HHC:22852 - 5 - proponents, except by M/s BBMB Pandoh who shall comply with time period given by PCB. 3. Regional Officer, HPSPCB, Chamba will inspect and check network issue as pointed by M/s Bajoli Holi Hydro Project and submit report about the precise issue within a month. The meeting ended with vote of thanks to the chair.” 6. A perusal of the Notification dated 16.07.2005 [Annexure R-1] initially issued by the Government of Himachal Pradesh, Department of Pollution Control Board, would go on to show that the minimized water flow on account of the Hydel Projects was needed as river beds had dried up, leading to irrigation issues, health hazards, water-borne diseases, and degradation of the environment and ecology. These conditions were adversely affecting the wholesomeness of water. 7. Resultantly, directions were issued that 10% of the minimum inflow observed during the lean season in the main river is to be maintained where water is being harnessed by such projects, failing which State Government will be constrained to have recourse to Section 15 of the Environment [Protection] Act, 1986 and Section 15-A of the Water [Prevention and Control of 2025:HHC:22852 - 6 - Pollution] Act, 1974. The directions were accordingly issued that an officer not below the rank of Assistant Environment Engineer, duly authorized by the H.P. State Environment Protection and Pollution Control Board, shall be responsible for monitoring, verifying or gauging the volume of water released by the Hydel Projects. It was made mandatory to provide provisions for measurement by installing appropriate instrument devices and to keep records of flows on day-to-day basis including total inflow in the diversion structure. Additionally, quarterly reports were to be submitted accordingly. 8. The requisite 10% water flow was enhanced to 15% vide subsequent Notification dated 09.09.2005 [Annexure-II]. Furthermore, an order was passed by Principal Bench of the National Green Tribunal (NGT), New Delhi, wherein directions were issued to maintain minimum of 15% to 20% of the average lean season flow of the Ganges River, starting from Haridwar onwards, which were made applicable to all rivers in the country. Liberty was granted to the respective State Governments to approach the Secretary, Ministry of Environment, Forest and Climate Change, to examine any 2025:HHC:22852 - 7 - representation seeking fixation of a lower percentage. Any such alteration was required to be supported by a reasoned order. The relevant portion reads as under: “The Tribunal in the recent Judgment pronounced on river Ganga had directed 20% minimum environment flow to be maintained from Haridwar onwards on the basis of the average lean season flow. In light of the above and the clear stand being taken by the Ministry, we direct that all the rivers in the Country shall maintain minimum 15% to 20% of the average lean season flow of that river. However, whichever State is unable to adhere to this average percentage, in that event we grant liberty to that State Government to move the Secretary, Ministry of Environment, Forest and Climate Change who shall in consultation with the Ministry of Water Resources examine such a representation and if it is desirable to fix any lower percentage than the percentage aforestated, then it will pass appropriate order. The order should be reasoned and thereafter it would be left to the discretion of the State concerned to follow the directions of the Ministry in accordance with law.” 9. It is thus apparent that, in order to protect the environment of the State and to ensure that there is ready water available for the purposes of irrigation as well as for the protection of the environment and aquatic life, the said Notification was issued. In view thereof, respondents No.2 to 4 in the present case were directed 2025:HHC:22852 - 8 - to comply with the same. A compliance affidavit has been filed wherein it has been averred that the necessary steps have been taken. The relevant portion of the affidavit reads as under: “That further it is most respectfully submitted that at present the water in the Uhl river at Barot is being released according to the norms fixed in CIA and CCS Beas Basin Report conducted by the Ministry of Environment, Forest and Climate Change, which is evident from the Real Time Online continuous Flow measurement and data logging device depicting the real time instantaneous assessment of flow from Barot Barrage on the available online link for e-flow (http://eflowshananapicsiotcom) which depicts the actual required flow of 15%-20% of average lean period which is readily available and being published on the website of HPPCS. (The True attested copies of online status report depicting the update of the same in Time frame of every 15 Minutes gap, qua Average Required Flow, pertaining to 20% of Average Lean Period Discharge (Cusecs) with Actual Flow Released and Excess Released at the time of filing the present affidavit is attached herewith which can be verified anytime as per the convenience of this Hon’ble Court is annexed herewith as Annexure A-1).” 10. Resultantly, we are of the considered opinion that Civil Writ Petition No.2133 of 2020 has become infructuous in view of the stand taken by the respondents. However, it is made clear that the said 2025:HHC:22852 - 9 - respondents shall strictly adhere to the said Notifications and ensure that the data is made available in public domain, so that the release can be effectively monitored by the Competent Authority. 11. Needless to say, as per the order of NGT, the operators of the Hydel Projects are at liberty to file an appropriate application in case of any exigency arises due to which the minimum flow of water cannot be maintained. 12. In light of the above, the writ petition is disposed of along with pending miscellaneous application(s), if any. (G.S. Sandhawalia) Chief Justice (Ranjan Sharma) Judge July 10, 2025 [Shivender/Bhardwaj]