National Green Tribunal
President Municipal Committee Thathri vs Jammu & Kashmir on 12 February, 2026
Item no. 09. (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Through Physical Hearing with Hybrid V.C. Option)
Original Application No. 955/2024
IN THE MATTER OF:
1. President Municipal Committee Thathri
District Doda, Applicant
Jammu & Kashmir U.T.
VERSUS
1. Jammu & Kashmir, Union Territory
Through Chief Secretary
Government of Jammu and Kashmir
Civil Secretariat, Jammu/Srinagar
Jammu & Kashmir
R.No. 2/7, 2nd Floor Main Building
Civil Secretariat, Jammu-180001
Email: [email protected]
2. Principal Secretary/ Additional Chief Secretary
Ministry of Environment, Forest and Climate Change,
Civil Secretariat, Jammu/Srinagar, Jammu & Kashmir
Union Territory
Email: [email protected]
3. Pollution Control Committee, Jammu & Kashmir
Union Territory Through its Member Secretary
2nd Floor, S. P. College
Srinagar, Jammu & Kashmir
Parivesh Bhawan, Forest Complex, Gladni
Narwal, Transport Nagar, Jammu
Jammu and Kashmir - 180004
Email: [email protected]/
[email protected]
4. M/s Rattle Hydro Power Project Drabshall
Through its Managing Director
District Kishtwar, Jammu & Kashmir, Union Territory
Email: [email protected]
5. M/s Megha Engineering and Infrastructure Ltd.
1st Floor, 4, Bhatia Complex, Near Gurdwara
Jammu, Jammu & Kashmir
Email: [email protected]/ [email protected]
6. Jammu & Kashmir, Union Territory
State Power Development Corporation, 1st Floor, S. S. D. Building
O.A. No. 955/2024 President Municipal Committee Thathri
Vs. State of J&K & Ors.
2
Exhibition Road, Jammu, Jammu & Kashmir
Email: [email protected]/ [email protected]
7. National Hydro Power Corporation (NHPC)
Through is Chairman NHPC Office Complex
Sector 33, Faridabad - 121003, Haryana
Email: [email protected]/ [email protected] Respondents
For the Applicant:
None for the applicant.
For the Respondents:
Mr. Gautam Singh, Advocate for respondents no. 1, 2 and 6.
Mr. Nikhil Goel, Sr. Advocate, Mr. Varun Chugh, Mr. Katahiamang Panmei,
and Mr. Sumit Kumar Gautam, Advocates for respondent no. 5.
Mr. Jayant Sud, Senior Advocate with Mr. Narender Pal Singh, Advocate for
respondents no. 4 and 7.
Mr. Mohit Singhal, Advocate for CPCB (through VC).
PRESENT:
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
_____________________________________________________________________________
Judgment Reserved on:- 09.12.2025
Judgment pronounced on:- 12.02.2026
________________________________________________________________________
JUDGMENT
PRONOUNCED BY: HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
1. The Applicant-President, Municipal Committee Thathri, District Doda, Jammu and Kashmir has sent by post to this Tribunal the present letter petition dated 25.11.2023 (Pages no. 1 and 2 of the paper book) which has been treated and registered as original application under Sections 14 and 15 of National Green Tribunal Act, 2010 for exercise of suo motu jurisdiction in view of law laid down by Hon'ble Supreme Court in Municipal Corporation of Greater Mumbai Versus Ankita Sinha and Others, (2022) 13 SCC 401.
Grievances of the Applicant O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
32. The applicant has raised grievances regarding Illegal dumping of muck/debris in River Chenab (Chandrabhaga by M/s. Megha Engineering and Infrastructure Limited (MEIL). The relevant part of the application enumerating grievances of the applicant is reproduced as under:-
"Sub: Illegal dumping of muck/debris in River Chinab(Chanderbhaga) By M/S Megga Engineering and Infrastructure Ltd Drabshalla District Kishtwar Jammu & Kashmir UT-Apprehension of damages Heavy loss to Thathri Market, residential houses situated in the Bank of River Chinab at zero distance Respected sir, With reference to the subject cited above, the following few lines are submitted for favour of your kind consideration and sympathetic action in the matter please.
1. That M/S Megga Engineering and Infrastructure Ltd was allotted the construction work of Rattle Hydro Electric Power Project Drabshalla District Kishtwar Jammu & Kashmir UT
2. That the above quoted construction company have to dump the debris / muk at the location allotted by the Revenue Department Kishtwar but the said company is dumping the debris in River Chinab.
3. That due to dumping of debris/muk in River Chinab, it is apprehension that during the raining season heavy loss will be occurred to Thathri Market having more than 1000 shops and 5000 residential houses) due to floods as the Thathri town is situated in the bank of River Chinab at zero distance
4. That the Project authorities be directed to stop dumping the debris in River Chinab immediately as the peoples of some areas are using the water of River Chinab for drinking purposes and due to dumping of debris in the river, the water is becoming un-hygienic
5. That the animals living in the water will also be hampered due to un-hygienic of the river water for which the District Administration was requested so many times to take necessary action in the matter but no action has been taken by them so far.
6. That the Project Authorities be directed to provide funds under R R Plan so that concrete walling can be made both sides of River Chinab in order to save the shops and residential houses situated on the bank of river chinab in Thathri from any damages due to floods as by dumping the debris in the river, the water level will raise
7. That we have requested Deputy Commissioner Kishtwar so many times for providing funds under RR Plan for the construction of concrete walls both sides of River Chinab in Sub Division Thathri but no action has been taken by the District Administration Kishtwar as well as Project Administration Drabshalla District Kishtwar till date.
O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.4
In this context it is requested that the concerned authorities be directed to look in to the matter personally and stop dumping of debris in River Chinab and also providing funds under R R Plan for the construction of protection walls both sides of the River Chinab in order to save the residential houses as well as shops situated in the bank of River Chinab zero distance Thathri District Doda Jammu Kashmir UT An early action in the matter is requested sir."
Constitution of Joint Committee
3. Vide order dated 12.09.2024 this Tribunal constituted a joint Committee comprising District Magistrate, Kishtwar; Member Secretary, J&K Pollution Control Committee; Integrated Regional Officer, Ministry of Environment, Forest and Climate Change, Jammu; and a representative of Central Pollution Control Board (CPCB) not below the rank of Director and directed the same to visit the site, collect relevant information and submit a factual report within one month.
Report of the Joint Committee
4. In compliance of order dated 12.09.2024, joint committee comprising of (i.) Shri Rajesh Kumar Shavan, JKAS, Deputy Commissioner, Kishtwar, J&K; (ii.) Sh. Ghansham Singh, JKAS, Member Secretary, J&K Pollution Control Committee (J&KPCC); (iii.) Dr. Khurshid Alam Khan, Scientist "C", Sub-Office Jammu (erstwhile Integrated Regional Office, Jammu) now Sub Office under Regional Office Chandigarh, Ministry of Environment, Forest and Climate Change (MoEF&CC) and (iv) Dr. Narender Sharma, Scientist 'F'/Director, Central Pollution Control Board (CPCB), Regional Directorate, Chandigarh was constituted and the Joint Committee carried out the Site visit on 14.10.2024 in the presence of the Divisional Officer from Kishtwar, J&KPCC, and the Tehsildar of Kishtwar, J&K who informed that the Municipal Committee, Thathri was not then in place. The Joint Committee discussed the issue and perused all the relevant record, inspected all three O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
5designated muck dumping sites outlined in the Environmental Management/Muck Management Plan and captured photographs during site inspection for inclusion in the factual report. The Joint Committee also sought details from M/s Rattle Hydroelectric Power Corporation Limited (RHPCL), M/s Megha Engineering and Infrastructure Ltd (MEIL), Sub Office, MoEF&CC, Jammu, Divisional Officer, Kishtwar, J&K and Tehsildar, Kishtwar, J&K and M/s Megha Engineering and Infrastructure Ltd (MEIL) reviewed and considered the documents, analyzed the documents and facts and submitted its report dated 21.11.2024. The Findings/Factual report and recommendations of the Joint Committee will be referred to and discussed in later part of this Judgment.
Impleadment of Respondents
5. Vide order dated 12.09.2024 this Tribunal impleaded (1) Jammu & Kashmir, Union Territory, through Chief Secretary, Government of Jammu and Kashmir; (2) Principal Secretary/ Additional Chief Secretary, Environment, Forest and Climate Change, Jammu and Kashmir; (3) Pollution Control Committee, Jammu & Kashmir; (4) M/s Rattle Hydro Power Project Drabshall, District Kishtwar, Jammu & Kashmir; (5) M/s Megha Engineering and Infrastructure Limited (MEIL) , (6) Jammu & Kashmir State Power Development Corporation; and (7) National Hydro Power Corporation (NHPC) as respondents No.1 to 7 and ordered issuance of notices to them requiring them to file their responses within two weeks.
Replies/Responses filed by the Respondents
6. Pursuant to service of notice respondent no.5-MIEL filed response dated 03.10.2024 vide email dated 22.10.2024. This Tribunal considered the reply on 23.10.2024 and observed that the reply did not show that the muck is being disposed in compliance of Construction and Demolition Waste Rules, O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
62016; photographs appended to reply showed clearly that the muck is being discharged in river directly and gross violation of environmental laws was virtually evident from own reply of respondent no. 5-MIEL. This Tribunal further observed that the violations warranted that further execution of project should be stopped but before taking such a stringent action, this Tribunal directed respondent no. 5-MIEL to file additional reply placing its stand in respect of compliance to statutory rules in regard to disposal of muck.
7. Report dated 23.11.2024 was filed by respondent no. 3-J&KPCC vide email dated 26.11.2024 and reply dated 25.11.2024 was filed by respondents no. 1 and 6 vide email dated 26.11.2024. Joint Committee report dated 21.11.2024 was filed by CPCB vide email dated 30.11.2024.
8. Vide order dated 03.12.2024 two weeks' time was granted to respondents to file objections, if any, to Joint Committee Report.
9. Respondent no. 7 filed response dated 16.12.2024 vide email dated 17.12.2024
10. Vide order dated 18.12.2024 this Tribunal extended the time for filing objections to the report of the Joint Committee by one week.
11. In compliance thereof objections dated 17.02.2025 to the report of the Joint Committee were filed by respondent no.5. Reply dated 18.02.2025 was been filed by respondent no.4.
12. Vide order dated 19.02.2025 notice was again ordered to be issued to UT of Jammu and Kashmir and Principal Secretary/Additional Chief Secretary, Ministry of Environment Forest and Climate Change, UT of J&K. requiring them to file their responses within one month and ensure their O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
7representation before this Tribunal on the next date of hearing fixed and respondents no. 4 to 7 were directed to file additional responses mentioning in detail remedial measures taken for remedying the environmental damage, if any, caused within one month and advance copies thereof were ordered to be supplied to J&KPCC which was required to verify compliance status and on the basis thereof file its compliance status verification report at least two days before the next date of hearing fixed.
13. In compliance thereof report dated 01.04.2025 was filed by respondent no. 3-J&KPCC vide email dated 01.04.2025, reply dated 01.04.2025 was filed by respondent no. 2 vide email dated 02.04.2025, additional response dated 21.04.2025 was filed by respondent no. 5 vide email dated 22.04.2025, Supplementary Status Report dated 22.04.2025 was filed by Department of Forest, Ecology & Environment, J&K vide email dated 23.04.2025 and report dated 22.04.2025 was filed by respondent no. 3 vide email dated 23.04.2025.
14. Vide order dated 21.07.2025, respondents no. 4 and 7 were granted time for filing additional replies/reports giving details regarding further progress made regarding removal and proper storage of muck and other remedial measures taken within three weeks and respondent no.3 was directed to verify the factual position in this regard and file its report within three weeks.
15. In compliance thereof report dated 20.08.2025 was filed by respondent no. 3 vide email dated 20.08.2025, additional response dated 20.08.2025 was filed by respondent no.4 vide email dated 10.09.2025 and additional response dated 18.08.2025 has been filed by respondent no.5 vide email dated 03.09.2025.
O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
816. In order to avoid repetition and also for reasons of brevity, the contents of above-mentioned replies/affidavits/reports filed by the respondents as mentioned hereinabove are not reproduced here and the relevant parts thereof will be reproduced/ referred/discussed in the later parts of this Judgment.
17. The applicant did not appear before this Tribunal personally or through representative in the course of hearing and did not file any objections to the report of the Joint Committee and to the responses filed by the respondents. Non appearance of the applicant also seems to be due to the reason that Municipal Committee, Thathri was not in place at the time of visit of the Joint Committee and thereafter as informed by the Tehsildar, Kishtwar, J&K.
18. We have heard submissions made by Mr. Gautam Singh, learned Counsel for respondents no. 1, 2 and 6; Mr. Nikhil Goel, learned Senior Counsel assisted by Mr. Varun Chugh, Mr. Katahiamang Panmei and Mr. Sumit Kumar Gautam, learned Counsel for respondent no. 5; Mr. Jayant Sud, learned Senior Counsel assisted by Mr. Narender Pal Singh, learned Counsel for respondents no. 4 and 7 and Mr. Mohit Singhal, Advocate for CPCB and we have gone through the material on record.
19. In their respective arguments, learned Counsels for the respondents have reiterated factual and legal submissions made in their replies.
20. Brief note has been filed by respondent no. 5 (Pages no. 1692 to 1695 of the paper book) vide email dated 13.10.2025. The relevant part of the brief note of respondent no. 5 is reproduced below:-
O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.9
"BRIEF NOTE ON BEHALF OF RESPONDENT NO. 5/MEGHA ENGINEERING AND INFRASTRUCTURES LIMITED X X X X
1. The present brief note is submitted on behalf of Respondent No. 5, Megha Engineering and Infrastructures Limited ("the Answering Respondent" or "MEIL"), in compliance with the oral directions issued by this Hon'ble Tribunal on 23.09.2025. The note provides a concise account of the factual background, highlights MEIL's consistent and proactive approach, and outlines the extensive compliance and remedial measures implemented to address environmental concerns, all of which have been independently verified by the relevant statutory authorities.
2. The present Original Application was registered suo motu under section 14 and 15 of the NGT Act, 2010 by this Hon'ble Tribunal on the basis of a letter petition dated 25.11.2023, which raised apprehensions of illegal dumping of excavated material (muck) into the River Chenab during the construction of the Ratle Hydro Electric Power Project (850 MW) on river Chenab at village Drabshall, District Kishtwar, UT of Jammu & Kashmir ("the Project").
3. The Project, designed to generate 850 MW of clean energy, aims to provide free electricity to approximately 3.1 million households and significantly boost the socio-economic development of the Union Territory. Its strategic relevance under the Indus Water Treaty, 1960, and its vital function in grid stabilisation for states such as Rajasthan, Gujarat, Madhya Pradesh, and Chhattisgarh, further underscores its national importance.
4. It is respectfully submitted that the Answering Respondent is the Engineering, Procurement, and Construction (EPC) Contractor for the Project. The Project Proponent and Employer is Ratle Hydroelectric Power Corporation Ltd. ("RHPCL" or "Respondent No. 4"), a joint venture between NHPC Ltd. and the J&K State Power Development Corporation Ltd.
5. As the EPC Contractor, MEIL's contractual mandate is to execute the Project works as per the designs, specifications, and directions of the Employer (RHPCL). This includes the disposal of muck at designated locations that are provided and approved by RHPCL, in accordance with the terms of the contract and the Environmental Clearance (EC) granted to RHPCL in 2012. The Answering Respondent has, at all times, operated within the framework and at the sites provided by the Employer.
5. From the inception of the Project, the Answering Respondent has implemented a robust and environmentally conscious muck management plan, recognising the unique challenges posed by the project's topography and treating the excavated material as a valuable resource. Foreseeing the topographical challenges, MEIL proactively constructed robust, engineered crate walls along the riverbanks prior to commencing any dumping operations. These structures were meticulously designed and implemented to serve as a protective barrier, effectively containing the muck and preventing its displacement into the river.
6. Pursuant to the concerns raised by this Hon'ble Tribunal on the basis of the Original Application, the Answering Respondent has undertaken extensive, time-bound, and substantial remedial measures with the utmost sincerity, effectively addressing all O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.10
environmental concerns. The Answering Respondent's actions not only go beyond mere compliance but also demonstrate a steadfast commitment to environmental restoration and protection. I. SUBSTANTIAL COMPLIANCE AND COMPREHENSIVE REMEDIAL ACTIONS:
7. The Answering Respondent recognising the saturation of the designated muck dumping sites due to their challenging topography, the answering Respondent ceased all dumping activities at Zone 1 by July, 2024, as well as at Zone 2 (Left Bank, Village Durga), which were 100% saturated as of 27.03.2025. This proactive step was taken to prevent any further risk of spillage into the river or surrounding areas. There is no muck dumped at Zone -3 (Right Bank, Kuligardh Nallah, Village Khori) due to the challenging topography of the said site.
i. As of the latest status report dated 07.08.2025 filed by MEIL, over 80% of the muck from Zone 1 has been successfully removed and relocated to a new, secure site at Joshana, situated approximately 8 km away from the river.
ii. The progressive removal has been meticulously documented, with the quantity remaining at Zone 1 reducing from 1.26 lakh m' as of 12.12.2024 to a mere 28,464 m³ as of 12.07.2025. iii. The removal of the small remaining quantity of the muck from the designated dumping sites was temporarily suspended due to the onset of the monsoon season, leading to frequent floods, which pose significant safety risks in the hilly terrain. The Answering Respondent undertakes to complete the removal at the earliest opportunity post-monsoon.
8. The substantial compliance by MEIL is hot a self-serving assertion but has been independently verified by the JKPCC ("Respondent No. 3"), the statutory authority for the Union Territory. In its latest report dated 20.08.2025, filed pursuant to this Hon'ble Tribunal's direction vide order dated 21.07.2025, the report of JKPCC has been summarily reproduced herein for easy reference of this Tribunal; i. The Committee noted that removal of muck from Zone-1 is ongoing, and the same is being relocated to Village Joshana. ii. MEIL's claim regarding recycling of the remaining muck at Zone-1 is subject to approval from the District Administration, Kishtwar, and a permit from the Department of Geology and Mining, J&K (in this regard, the DC, Kishtwar vide communication dated 11.09.2025 has directed the District Mineral Officer to take further course of action under the norm). Crate walls have already been constructed by MEIL at Zone-1 (Right Bank, Downstream).
iii. Preventive measures in the form of crate/toe walls around stacked muck near GVK Colony (Dumping Site-I), Village Joshana have been initiated by the contractor. Similar action is required at Dumping Site-II, located downstream of GVK Colony, to ensure proper drainage and strengthening of the crate/toe wall (in this regard, MEIL has completed and complied with the remedial measures).
iv. MEIL has initiated construction of a concrete drainage channel towards the Hasti Nallah to restore the natural flow that had been blocked due to muck stacking (in this regard, the concrete drainage and crate wall have been constructed).
v. The Committee confirmed that no fresh dumping of muck was observed at Zone-1 during the site inspection. O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.11
This verification by the statutory authority effectively demonstrates MEIL's good-faith compliance and renders the initial allegations inapplicable to the current ground reality.
9. That besides the abovementioned remedial measures, the Answering Respondent has conducted regular quarterly monitoring of the River Chenab's water quality through Idma Laboratories Limited, a NABL-accredited third-party agency. The test results have been consistently filed before this Hon'ble Tribunal, confirming that all critical parameters, including pH, Biochemical Oxygen Demand (BOD), and Total Dissolved Solids (TDS), are well within the permissible limits prescribed by the Central Pollution Control Board (CPCB). This objective scientific evidence conclusively proves that no discernible adverse impact on the river's water quality has occurred.
10. The Answering Respondent's commitment to environmental stewardship extends beyond muck management. A comprehensive Waste Management Plan is in full compliance with the Construction and Demolition Waste Management Rules, 2016. Formal agreements are in place with authorized agencies for the disposal of bio-medical waste and scrap metal. Furthermore, regular monitoring of air quality and noise levels confirms that all parameters remain within statutory limits, supported by on-ground measures like the daily deployment of water tankers for dust suppression.
11. The Answering Respondent has instituted a rigorous pollution control regime, including the daily deployment of three water tankers for dust suppression along a 5 km project road, a fact which is also acknowledged by CPCB. Further, stone crushers and DG sets are operated with adequate pollution control devices maintained at the site.
12. The Answering Respondent has also established extensive welfare facilities for its workforce of over 1,000 individuals. This includes providing proper meals, accommodation, and two fully operational, 24x7 medical centres supervised by qualified doctors, along with two Basic Life Support (BLS) ambulances for any emergencies.
13. In view of the foregoing, it is evident that the Answering Respondent has acted with due diligence and in good faith, undertaking substantial and effective measures to ensure the scientific disposal of muck, address past deficiencies, and maintain continuous compliance with all applicable environmental norms. The Project stands as a significant initiative in advancing clean and sustainable energy generation, providing free electricity to approximately 3.1 million households and fostering the socio-
economic development of the Union Territory of Jammu & Kashmir. Its strategic importance under the Indus Water Treaty, 1960, coupled with its critical role in grid stabilisation for states such as Rajasthan, Gujarat, Madhya Pradesh, and Chhattisgarh, underscores the Project's immense contribution to national energy security and regional development."
About the Project
21. The Ratle Hydroelectric Power Corporation Limited (RHPCL) was incorporated on 01.06.2021, as a joint venture between NHPC Limited and O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
12Jammu & Kashmir State Power Development Corporation Limited (JKSPDC), with an equity shareholding of 51% and 49%, respectively.
22. The Ratle Hydroelectric Project was conceived by the then State of J&K and the construction of Project was awarded to M/s GVK on IPP cum BOOT mode in the year 2010. The Environmental Impact Assessment (EIA) studies for the Ratle Hydroelectric Project were conducted in 2012 by R.S. Envirolink Technologies Pvt. Limited, Gurugram. Based on these studies, the EIA and Environmental Management Plan (EMP) reports for the project were prepared by the said consultants. Subsequently, Environmental Clearance (EC) was granted to with respect to the Ratle Hydroelectric Project (850 MW) in District Kishtwar, J&K to M/s. GVK Ratle Hydroelectric Project Pvt. Ltd. by the Ministry of Environment, Forest and Climate Change (MoF&CC) vide letter No. J-12011/39/2010-1A dated 12.12.2012.
23. The project was abandoned by M/s GVK in the mid of the year 2014, Subsequently the project was revived by GOI followed by signing of MOU between NHPC, JKSPDC and GoJK on 03.02.2019 and supplementary MOU dated 03.01.2021.
24. In terms of the above, MOUs a new Joint Venture Company namely "Ratle Hydroelectric Power Corporation Limited" (RHPCL) was incorporated on 01.06.2021 for implementation of Ratle Hydroelectric Project. The Project was allotted to RHPCL on "as is where is basis".
25. Vide letter No, J-12011/39/2010-1A dated 27.09.2021, the Environment Clearance of Project was transferred by MoEF & CC in the name of RHPCL.
26. The land, acquired by JKSPDC/diverted for project use by the Government of J&K, measuring 587.22 Ha was handed over to RHPCL. The O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
13Government of Jammu & Kashmir vide its Order No:55-JK (PDD) of 2022 dated 10.05.2022 has accorded sanction to lease out the 289.48 Ha and utilization of the 277.74 Ha out of the said 567.22 Ha of land for development of 850 MW Ratle HEP. The aforementioned land measuring 567.22 Ha included the land measuring 30.59 Ha allocated for muck dumping, as per the EC issued by MoEF & CC dated 12.12.2012.
27. The construction of Ratle Hydroelectric Project has been awarded by RHPCL to M/s Megha Engineering & Infrastructures Limited ("MEIL") under an Engineering, Procurement, and Construction ("EPC") Turnkey Contract mode on 18.01.2022.
IMPORTANCE OF THE PROJECT
28. The Ratle Hydro-electric Power Corporation (RHPCL) is a joint venture executed amongst Jammu and Kashmir State Power Development Corporation (JKSPDC) and India's state-owned National Hydroelectric Power Corporation (NHPC).
29. The Ratle Hydroelectric (HE) Project is a significant initiative designed to generate electricity using the flow of the river, "The said project primarily relies on the natural flow of the river, rather than utilising a large reservoir to generate power" at Chenab, village Drabshalla, in Kishtwar District of Jammu and Kashmir. In the said context, the project is classified as "Run of River" scheme. The Project include a 133 m high gravity dam (from deepest foundation level) and two power stations adjacent to one another. The installed capacity of both the power stations will be 850 MW. The 850 MW facility is expected to generate up to 3,136 million units of electricity in a year and shall also allow electrification of 3.1 million homes in the concerned areas by easing the existing burden in states. O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
1430. It is pertinent to state herein that apart from benefitting the Union Territory of Jammu and Kashmir with free power worth Rs. 5289 Crore and through levy of Water Usage charges worth Rs. 9581 crores during project cycle of 40 years, the project will also result in direct and indirect employment to around 4000 persons and will contribute in overall socio-
economic development of the Union Territory of Jammu and Kashmir.
Grievances of the applicant
31. The applicant raised the grievances that respondent no. 5-MEIL is dumping debris/muck in river Chenab instead of storing and dumping the same at the location allotted by Revenue Department of Kishtwar. On account of unauthorized and illegal dumping of debris in river Chenab during rainy season heavy losses were suffered by the residents of Thathri due to flood situation caused in river Chenab. Thathri town is situated almost on the bank of river Chenab at zero distance".
Findings and recommendations of the Joint Committee
32. Vide order dated 12.09.2024 this Tribunal constituted a Joint Committee comprising District Magistrate, Kishtwar; Member Secretary, J&K Pollution Control Committee; Integrated Regional Officer, Ministry of Environment, Forest and Climate Change, Jammu; and a representative of Central Pollution Control Board (CPCB) not below the rank of Director and directed the same to visit the site, collect relevant information and submit factual report.
33. In compliance thereof report dated 21.11.2024 of the Joint Committee was filed by CPCB on 25.11.2024. The relevant part of the report reads as under:-
O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.15
"3. Compliance of the orders of Hon'ble NGT:
3.1. Constitution of the Joint Committee:
In compliance to the directions of the Hon'ble NGT, a joint committee comprising of the following members, was constituted:
1. Shri Rajesh Kumar Shavan, JKAS, Deputy Commissioner, Kishtwar, J&K ii. Sh. Ghansham Singh, JKAS, Member Secretary, J&K Pollution Control Committee (J&KPCC) iii. Dr. Khursid Alam Khan, Scientist "C", Sub-Office Jammu (erstwhile Integrated Regional Office, Jammi) now Sub Office under Regional Office Chandigarh, Ministry of Environment, Forest and Climate Change (MoEF&CC) iv. Dr. Narender Sharma, Scientist 'F'/Director, Central Pollution Control Board (CPCB), Regional Directorate, Chandigarh 3.2. Site visit and collection of relevant Information:
The Joint Committee carried out a site visit on 14/10/2024 in compliance to this order of Hon'ble NGT Tribunal to address the points raised in the letter petition. The Divisional Officer from Kishtwar, J&KPCC, and the Tehsildar of Kishtwar, J&K, were also present for assistance of the committee. It was informed by Tehsildar, Kishtwar that currently Municipal Committee, Thathri is not in place. The Joint Committee discussed the issue and perused all the relevant record.
The Joint Committee also inspected all three designated muck dumping sites outlined in the Environmental Management/Muck Management Plan. The Joint Committee captured photographs duding site inspection for inclusion in the factual report The Joint Committee also sought following details from M/s Rattle Hydroelectric Power Corporation Limited (RHPCL), M/s Megha Engineering and Infrastructure Ltd (MEIL), Sub Office, MoEF&CC, Jammu, Divisional Officer, Kishtwar, J&K and Tehsildar, Kishtwar, J&K and M/s Megha Engineering and Infrastructure Ltd (MEIL):
i. Muck Management Plan of the Rattle Hydroelectric Power Project, ii. Copy of Environmental Management Plan submitted by the project proponent for obtaining Environmental Clearance iii. Copy of half-yearly compliance report submitted by the project proponent to MoEF&CC regarding compliance of the conditions of Environmental Clearance.
Copy of report of verification conducted by MoEF&CC regarding the compliance of the conditions of Environmental Clearance iv. v. Copy of Consent to Establish (CTE) granted by J&K PCC and violation reported in the past by the Division Office, Kishtwar, J&K PCC along with action taken report.
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vi Details of land allotted by Revenue Department, Kishtwar to project proponent for muck dumping, as mentioned in the letter petition, vii Status of muck generation and disposal as of October 14, 2024 The required information from the MoEF&CC was received on October 22, 2024. The information pertaining to Divisional Officer, Kishtwar, J&KPCC, M/s Rattle Hydroelectric Power Corporation Limited, M/s Megha Engineering and Infrastructure Lid (MEIL) and the Tehsildar, Kishtwar, J&K, was received on November 14, 2024.
3.3. Discussion and Observations of the Committee:
Initial observations made by the Joint Committee during site inspection suggested that M/s Megha Engineering and Infrastructure Limited (the executing agency for the Rattle Hydro Electric Power Project in Drabshalla, District Kishtwar, Jammu & Kashmir) has improperly disposed of muck directly on the bank of the Chenab River, in violation of the guidelines of MoEF&CC (Geo-tagged Photographs attached as Annexure-
3).
During site inspection the M/s Megha Engineering and Infrastructure Limited (the executing agency for the Rattle Hydro Electric Power Project in Drabshalla, District Kishtwar, Jammu & Kashmir) were asked to explain the dumping of Muck as pointed out.
The project executing agency, M/s Megha Engineering and Infrastructure Limited, asserted that all the muck has been disposed of in accordance with the Environmental Clearance issued by MoEF&CC and the approved muck management plan for the same.
The Joint Committee reviewed and considered the following documents to analyse the facts and draw the conclusion for preparing a factual report, as directed by Hon'ble National Green Tribunal:
i. Environmental Clearance granted for Ratle HEP (850MW) Project in Kishtwar District of Jammu & Kashmir to M/s GVK Ratle Hydro Electric Project Pvt. Ltd. by MoEF&CC vide No. J- 12011/39/2010-1A-1 dated 12/12/2012 (Annexure-4). ii. The above environmental clearance was later on transferred in the name of M/s Ratle Hydro Electric Power Corporation by MoEF&CC vide No. J-12011/39/2010-1A, 1 dated 27/09/2021(Annexure-5).
iii. Muck Management/Disposal Plan (MMP), submitted by the Project Proponent for obtaining Environmental Clearance (EC) from MoEF&CC (Annexure-6).
iv. Environment Management Plan (EMP) submitted by the Project Proponent for obtaining Environmental Clearance (EC) from MoEF&CC (Annexure-7).
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v. Half yearly reports of compliance of the conditions of Environmental Clearance (EC) submitted by the Project Proponent for the period October 2022 to March 2023 (Annexure-8), April 2023 to September 2023 (Annexure-9), October 2023 to March 2024 (Annexure-10) and October 2024 (Annexure-11).
vi. MoEF&CC compliance verification report dated 16/08/2024 w.r.t conditions of Environmental Clearance granted to the Project Proponent (Annexure-12) vii Show Cause Notice issued by MoEF&CC to the Project Proponent vide No. IA-J-11014/257/2024/1A-1/ dated 22/10/2024 for the non-compliances observed during compliance verification inspection (Annexure-13). viii. Letter No. RATLE/CEO/2022/GM (C-1)/330/ dated 27/09/2022 issued to M/s Megha Engineering and Infrastructure Limited by M/s Ratle Hydroelectric Power Corporation Limited regarding compliance of provisions pertaining to ecological balance-regarding disposal of muck at only designated sites (Annexure-14).
ix. Letter No. RATLE/GM(C)/2022/66 dated 07/11/2022 issued to M/s Megha Engineering and Infrastructure Limited by M/s Ratle Hydroelectric Power Corporation Limited regarding compliance of provisions pertaining to ecological balance- regarding disposal of muck at only designated sites (Annexure-
15).
x. Letter No. RATLE/CEO/2024/798/dated 26/07/2024 issued to M/s Megha Engineering and Infrastructure Limited by M/s Ratle Hydroelectric Power Corporation Limited regarding strict compliance of the condition pertaining to disposal of muck only at designated sites (Annexure-16).
xi. Letter No. MEIL/RHPCL/24/07/250 dated 30/07/2024 reply submitted by M/s Megha Engineering and Infrastructure Limited w.r.t strict compliance of the condition pertaining to disposal of muck only at designated sites (Annexure-17). xii. Directions issued by J&K PCC to M/s Megha Engineering and Infrastructure Limited vide No. PCC//RDJ/GGC- 20/2023/3026-29 dated 18/12/2023 in view of various observations including dumping of muck near water body and the company's failure to remove the muck despite directions J&K PCC (Annexure-18).
xiii. Legal notice issued by J&K Pollution Control Committee (J&KPCC) to M/s Megha Engineering and Infrastructure Limited vide No. PCC/RDJ/GGC-20/2024/1104-1109 dated 26/09/2024 for muck dumping near TRT on the right bank (downstream) going into the River Chenab in violation of Environmental Laws (Annexuге-19).
xiv. Details of the mock generated/utilized in Ratle HE Project till 31/10/2024 (Annexure 20) 3.4. Analysis of the Documents/Facts:
From the above documents and the filed visit, following could be analysed:
1. The environmental clearance was granted with the condition that "Consolidation and compilation of muck shall be carried out O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.18
only in the designated muck dumping sites as submitted in the EIA/EMP report. As per the proposed muck disposal plan, out of 24.4 lakh m3 of muck to be generated due to excavation, about 50% (ie.12.2 lakh m3 will be utilized for construction purpose and the remaining 12.2 lakh m3 will be dumped at the 3 designated areas in an allocated area of 30.59 ha. The identified muck dumping sites shall be at-least 30m horizontally away from the edge of the river corresponding to high flood level (HFL)".
2. According to the Muck Management Plan submitted by the Project Proponent for obtaining Environmental Clearance from MoEF&CC, "The following three sites were identified for use as dumping sites Zone 1: on the right bank of river Chenab us of village Thathri and dis of the proposed Dam in an approximate length of 1350 m.
Zone II: on the left of river Chenab dis of the proposed Dam and at a lower level then the existing NH 18 in a length of 1400 m.
Zone III: on the right bank of Kuligad nalla above NH 18 in a length of 450 m.
3. It is also stated in the Muck Management Plan that "The following points were considered and followed as guideline for finalization of the above 3 zones to he used as dumping sites:
i. The dumping sites were selected as close as possible to the project area to avoid long distance transport of muck. ii. Standard distance between each dumping site and river bed is maintained as per MoEF&CC guidelines. iii. The sites were free from active landslides or creep and care were taken that the sites should not have a possibility of toe erosion and slope instability. iv. ivy v. The dumping sites are either at higher level than the flood level or are away from the river course so that the possibility of muck falling into the river is avoided. vi. There is no active channel or stream flowing through the dumping sites.
vii. The sites were far away from human settlement areas,
4. According to the Muck Management Plan "In Ratle Hydro Electric Project, a very scientific approach and methodology was followed for identification of the dumping sites. All possible alternate sites were inspected and examined before rejecting or selecting any site. All the three finalised sites are i. With minimum possible forest cover: The area is mostly barren and rocky and covered with predominantly bushes. The total number of trees, poles and saplings is 872 out of which only 174 are trees while the rest all are poles and saplings.
ii. The populated settlement areas are far away from the identified dump zones and therefore will be least impact on human life.
O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
19iii. Away from the river (30 m away from the HFL as per guidelines): The dumping sites are either at higher level than the flood level or are 30 m away from the river course to provide protection from high flood. iv. The identified muck sites close to the project area to avoid hazards related to transport of muck to long distances. v. With Retaining structures in the entire dumping area:
Retaining wall have been suitably designed and proposed to be constructed all along the river bank which will prevent muck from falling into the river. vi. With appropriate Restoration & Rehabilitation plan: all the three identified sites are proposed to be restored and re-habilitated in a very scientific manner and once completed will not only present an aesthetic view but will help the environment since the area which is rock and barren will be converted into forest cover because of the proposed plantation.
5. As per Muck Management Plan submitted by the Project Proponent for obtaining Environmental Clearance from the MoEF&CC, the following Monitoring and Compliance schedule were submitted:
"MONITORING & COMPLIANCES:
i. Muck shall be dumped from bottom in layers of 500- 700mm depending on size of boulders.
ii. Each layer shall be rolled compacted.
iii. A layer of soil shall be spread on top of it to make it suitable for plantation iv. Water testing facilities shall be set up for checking quality parameter of water v. Soil samples shall be regularly collected and tested for checking the level of contamination vi. Prescribed norms and approvals will be sought from PCB wherever necessary.
vii. All norms of Forest department, PCB and MoEF and their acts related to muck disposal shall be complied with. viii. Design consultant shall be engaged for designing of retaining structures, ix. Plantation shall be done on the reclaimed land and native variety of plants and trees shall be planted."
6. It is mentioned in the Muck Management Plant that "The capacity/volume of the muck dumping sites is more than the volume of the muck to be disposed. It may appear that the area requirement is in excess but the same is required for temporary storage of usable muck, traffic movement of dumpers and lifters. The spoil from various construction sites would be disposed of at designated sites in a controlled and orderly manner. All measures would be adopted to ensure that the dumping of muck does not cause injury or inconvenience to the people or the property around the area. The general topography of the disposal area is mild sloped. The spillage of muck into the river at any site would be prevented by making concrete retaining walls to retain the muck pile. It shall be ensured O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
20that dumping is carried out at a minimum distance of 30 m away from the active river bank."
7. It is mentioned in the Mack Management Plan that "The total length of retaining wall proposed to be constructed along the river would be about 3200 meters." It is further mentioned that "These retaining walls are proposed to be located at about 30.0m distance from the highest flood level." A typical sketch is also given in the plan.
8. It is mentioned in the Muck Management Plan that "The muck will be spread in layers of 500 700 mm thick layers,"
9. As per details of muck generated/disposed of till 31/10/2024 provided by the Project Proponent, the total muck generated so far is 12.80 lac cum. Out of this, 0.50 lac cum is dumped on the left bank and 1.26 Lac cum is dumped at right bank of the river. Remaining quantity has been utilized.
10. The total estimated cost of Muck disposal and rejuvenation of muck disposal sites would be Rs. 7500 lacs as per Muck Management Plan.
11. Half yearly reports of compliance of the conditions of the Environmental Clearance submitted by Project proponent in October, 2024 mentions that "The contactor has confirmed that temporarily stacked muck/muck dumped near the river will be suitably retrieved and relocated for use in the Project construction works. It is also mentioned that dumping of muck on the right bank of River Chenab has been stopped since July 2024 under intimation to the District Administration/GOJK and that an alternative location within the acquired project land is now being utilized by the contractor for temporary storage stacking of mock.
3.4.1. Regulatory Mechanism adopted for addressing environmental non-compliances:
i. According to verification of the compliance of the conditions of Environmental Clearance, conducted by Sub Office of MoEF&CC, Jammu on 16/08/2024, the observation with regard to non-compliance has been made on 14 points, which also include that "Project Proponent has dumped the muck in the River at several places. Moreover, the designated site is less than 30 meters horizontally away from the edge of the river."
ii. MoEF&CC has also issued show cause notice to M/s Ratle Hydro Electric Power Corporation Limited vide No. IA-J- 11014/257/2024/1A-1/ dated 22/10/2024, for violation of various conditions of Environmental Clearance including muck dumping in the river at several places against the stipulated condition.
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iii. The Project Proponent namely M/s Ratle Hydro Electric Power Corporation Limited has asked the project executing agency namely M/s Megha Engineering and Infrastructure Ltd (MEIL) vide letters dated 27/09/2022, 07/11/2022 and 26/07/2024, for not dumping the muck and debris properly at designated sites, stating that "this non-compliance of environmental clearance condition is a matter of serious concern and the violation of norms and may attract the penal action in terms of provisions contained in Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981, EPA, 1986 and the guidelines issued by Hon'ble NGT, CPCB, JKPCC etc. in this regard."
iv. J&K Pollution Control Committee has also issued Directions and legal notice vide No. dated 18/12/2023 and 26/09/2024, for i) dumping of muck near water body and the company's failure to remove the muck despite directions and ii) muck dumping near TRT on the right bank (downstream) going into the River Chenab in violation of Environmental Laws, respectively.
3.5. Findings/Factual report of the Joint Committee:
1. There are following 03 muck disposal sites in District Kishtwar, designated as per Environmental Management Plan/Muck Management Plan and also mentioned in the Environmental Clearance granted to the Project Proponent for proper disposal of muck arising out of the construction activities of Ratle Hydro Electric Project (RHPC). The details of the above 03 sites, as shared with the Joint Committee are reproduced below:
Site 1: Right bank of River Chenab downstream of proposed Dam with approx, length 1350 m (designated site is part of forest land diverted for use vide Govt. of Jammu and Kashmir order No. 234-FST of 2012 dated 27.04.2012 and subsequently, forest clearance transferred in favour of RHPCL vide MoEF&CC communication No. 15-01/2021-Jammu dated 08.03.2022);
Site 2: Left bank of River Chenab downstream of proposed Dam with approx. length 1400 m (Khasra No. 2879/265/185 Min, and 293/232 Min. in village Dugga of Tehsil Drabshalla; land stands acquired in 2012 by JKPDC, one of the Promoters of RHPC) Site 3: Right bank of Kuligad nalla with approx. length 450 m (Khasra No. 171 Min. and 172 Min. in village Khori of Tehsil Drabshalla; land stands acquired in 2012 by JKPDC, one of the Promoters of RHPC).
2. It has been found that Site I and Site 2 are being used, while the, Site 3 has not yet heen used for muck disposal due to its infeasibility, as informed by the project proponent
3. The Joint Committee was informed that M/s Ratle Hydro Electric Power Corporation Limited (RHPCL) has also provided O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
22an alternative site to the executing agency namely M/s Megha Engineering and Infrastructure Ltd (MEIL) near Joshana village, within the acquired Project land for temporary stacking of muck (Khasra No. 317/308/209 Min) and M/s MEIL has started translocating the muck from the dumping site II at the aforementioned alternative site, without intimating to MoEF&CC and without obtaining consent/permission from J&KPCC. In this regard, an email was sent to M/s Ratle Hydro Electric Power Corporation Limited by the nodal agency (CPCB) on 17/11/2024, asking to provide i) The capacity of the alternate site provided by RHPCL., ii.) Approval of the above site from the concerned authority (MoEF&CC/J&KPCC)/Approval of revised Muck Management Plan, if any and iii) The quantity of the muck dumped on the above site as on date. The response of M/s Ratle Hydro Electric Power Corporation Limited (RHPCL), as received via Email dated November 18, 2024 (Annexure-21), is reproduced as follows:
i. Capacity of the alternative site: The alternative site(s) near Joshana village which fall within the acquired Project land (acquired in 2012) and situated far away from the river (approx. 8km), can accommodate more than 18.0 Lakh CuM of muck approx.
ii. Approval of the above site from the concerned Authority: In order to avoid any spillage of muck, the dumping of muck on right bank of river has been stopped since July 2024 under intimation to the District Administration/GoJK. Subsequently, an alternative site has been provided to MEIL near Joshana village, within the acquired Project land (acquired in 2012). The said alternative site is far away from river (approx. 8 Kms). This alternative site (acquired land of Project) has been provided to MEIL as a measure for temporary stacking/storage of muck and its further utilization/processing for use in the Project construction activities later on. The providing of aforementioned alternative site has also been intimated to MoEF&CC and J&K Pollution Control Committee in October 2024 for kind Information.
iii. Quantity of muck dumped on the above site as on date: As submitted by M/s MEIL, approx. 65000 CuM of muck has been relocated/stacked at this alternative site
4. As per Environmental Clearance granted for the above project, "The identified muck dumping sites shall be at- least 30m horizontally away from the edge of the river corresponding to high flood level (HFL)", Further, as per Muck Management Plan of the Project "It shall be ensured that dumping is carried out at a minimum distance of 30 m away from the active river bank." (Ref: Annexure 6: Muck Management Plan: Figure 7.10: Muck Disposal Area (Zone-1) However, it was observed by the Joint Committee that Project proponent has not complied with this condition of the Environmental Clearance and Muck Management Plan.
5. The Project Executing Agency namely M/s Megha Engineering and Infrastructure Ltd (MEIL) is dumping muck directly on the banks of the Chenab River, allowing it to flow O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
23into the river, in violation of conditions of the Environmental Clearance. This has also been witnessed by Sub Office of MoEF&CC, Jammu during verification of the compliance of the conditions of the environmental clearance on 16/08/2024 and a show cause notice has been issued by MoEF&CC to M/s Ratle Hydro Electric Power Corporation Limited vide No. 1A-J- 11014/257/2024/1A-1/ dated 22/10/2024, for violation of 14 conditions of Environmental Clearance including muck dumping in the river at several places against the stipulated condition.
6. Additionally, J&K Pollution Control Committee has also issued directions and legal notice 18/12/2023 and 26/09/2024, for i) dumping of muck near water body and the company's failure to remove the muck despite directions and ii) muck dumping near TRT on the right bank (downstream) going into the River Chenab in violation of Environmental Laws, respectively. The status of further action taken by J&KPCC subsequent to Directions and Legal Notice is awaited from J&KPCC. However, the Joint Committee was informed that District Magistrate has asked the Tehsildar to monitor progress of removal of muck from Site No. 2 on weekly basis.
7. The Project Proponent, M/s Ratle Hydro Electric Power Corporation Limited has also issued letters to the project executing agency namely M/s Megha Engineering and Infrastructure Ltd (MEIL) on 27/09/2022, 07/11/2022, and 26/07/2024, highlighting violations of the Environmental Clearance conditions concerning muck disposal. This indicates that the project executing agency has consistently failed to comply with the environmental conditions. In response to the letter dated 26/07/2024, the executive agency, M/s Megha Engineering and Infrastructure Ltd, informed the Project Proponent (RHPCL) that the designated area for muck dumping is not sufficient after maintaining a 30-meter distance from the river edge. Additionally, the muck dumping site III (Kulligadh) does not provide adequate space for dumping and unfortunately, they are unable to locate any land nearby that meets their requirements (Annexure-17)
8. The project proponent has not complied with the Monitoring and Compliance conditions mentioned in its Muck Management plan, which was submitted for obtaining the Environmental Clearance from MoEF&CC namely Muck shall be dumped from bottom in layers of 500-700mm depending on size of boulders; Each layer shall be rolled compacted; Water testing facilities shall be set up for checking quality parameter of water; Prescribed norms and approvals will be sought from PCB wherever necessary; All norms of Forest department, PCB and MoEF and their acts related to muck disposal shall be complied with. However, it was informed that 04 samples quarterly are being texted. Three tankers of water sprinkling were found en-route on the site for sprinkling of water for containing the dust pollution.
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249. The project proponent has also not complied with the condition of the Muck Management Plan that "The total length of retaining wall proposed to be constructed along the river would be about 3200 meters." and that "These retaining walls are proposed to be located at about 30.0m distance from the highest flood level." Atypical sketch is also given in the plan. It was observed that The project proponent has raised certain retaining walls also to contain the spills but not as per stipulated criteria of 30.0 m distance from the highest flood level. As a result, the muck was observed to be overflowing these retaining structures.
In view of the above and the facts reported in Section 3.4 of this report, it may be concluded that concerns raised in the original application by the applicant appear to be factually correct and the project proponent has not complied with the guidelines for muck disposal despite financial provision of Rs. 75 Crores made in the project for proper and scientific disposal of muck.
3.6. Recommendations:
It was informed that:
1. The District Magistrate has sought weekly compliances regarding removal of debris, sprinkling of water and water quality checks and its monitoring on weekly basis through Tehsildar.
ii. The forest Division has also been asked by the District Magistrate, to get all conditions implemented for plantation, checks dams, steep plantation etc and start the work for these activities immediately.
It is recommended that:
1. The project is executed by only following the conditions of environmental clearance granted to the project proponent, to ensure that no environmental damaged is caused due to unscientific disposal of muck and debris. Detailed records of the removal process, including the volume or weight of muck cleared, the disposal locations, and the methods used to be maintained.
ii. The muck deposited along the banks of the River Chenab is promptly cleared to prevent it from entering the river during the rainy season.
iii The MoEF&CC and J&K PCC may take appropriate action regarding violations of the environmental clearance conditions issued by the MoEF&CC. J&K Pollution Control Committee has issued directions and legal notice to Project Proponent on 18/12/2023 and 26/09/2024. MoEF&CC has also already issued a show cause notice to M/s Ratle Hydro Electric Power Corporation Limited vide No. IA-J-11014/257/2024/1A- 1/dated 22/10/2024 iv. The project proponent must obtain approval for the new muck disposal site to ensure its utilization in accordance with the recommended measures.
v. J&K PCC may ensure regular monitoring of the compliance of the conditions of Environmental clearance and Consent to Establish (CTE) Consent to Operate (CTO).
O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
25The draft factual report of the Joint Committee was shared with its members to solicit their comments before finalizing the report. The Deputy Commissioner. Kishtwar has provided additional signed comments on the draft report, supplementing the Joint Committee's factual findings. The signed draft report with additional comments, as received from Deputy Commissioner, Kishtwar, is attached as Annexure-22 for the consideration of the Hon'ble National Green Tribunal. The above factual report is being submitted to the Hon'ble National Green Tribunal in compliance to the orders dated 12/09/20254 and 23/10/2024, which may kindly be taken on record. The Joint Committee will abide by further directions of the Hon'ble NGT, in this matter."
Additional Comments received by the Joint Committee from Deputy Commissioner, Kishtwar
34. The report of the Joint Committee was not signed by the Deputy Commissioner, Kishtwar, J&K and the Joint Committee enclosed with its report the draft report with additional comments (Pages no. 543 to 553 of the paper book) received from the Deputy Commissioner, Kishtwar which is not reproduced here for reasons of brevity and contents thereof being by and large identical. In his comments the Deputy Commissioner, Kishtwar mentioned the 'Recommended Measures' and the relevant part is reproduced as under:-
"Recommended measures The District Magistrate has sought weekly compliances regarding removal of debris, sprinkling of water and water quality checks and its monitoring on weekly basis through Tehsildar. The forest Division has also been asked to get implemented all conditions for plantation, checks dams, steep plantation etc and start the work for tehse activities immediately."
Objections to the report of the Joint Committee filed by respondent no.
5-MEIL vide email dated 18.02.2025.
35. In compliance of order dated 23.10.2024 objections dated 17.02.2025 (Pages no. 586 to 692 of the paper book) to the report of the Joint Committee O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
26have been filed by respondent no.5. The relevant part of the objections to the report of the Joint Committee filed by respondent no. 5 is reproduced below:-
"OBJECTIONS TO THE JOINT COMMITTEE REPORT FILED BY CPCB AND ADDITIONAL REPLY ON BEHALF OF RESPONDENT NO. 5 FILED IN COMPLIANCE OF ORDER DATED 23.10.2024 BY THE HON'BLE NATIONAL GREEN TRIBUNAL.
X X X X B. The answering Respondent most humbly submits that the express finding of the Joint Committee Report, states that out of 12.80 lakh cubic meter of muck generated till 31.10.2024, 10.59 lakh cubic meter of muck has been utilized by the project executing agency itself and 0.50 lakh cubic meter of muck has been stored in a new dumping sited situated 8 km away from the river (hereinafter referred to as 'Joshana'); and in view of the fact that 1.76 lakh cubic meter of muck has been dumped in the left and the right river banks, i.e. designated dumping sites 1 and 2. This figure which has also been relied upon by the CPCB actually shows that there is no muck which would have gone inside the river and the lapse therefore would only be restricted to the minor spillage from the dumping site to the riverbank. It is respectfully submitted that without prejudice to justifying even the minor spillage, the continuous and sincere effort of the answering respondent in actively making sure, that the remedial measures are adopted effectively, has resulted in compliance of all the environment laws in vogue, alongwith the relocation and re-use of substantial amount of muck that was deposited. It is submitted that the answering respondent has in a promising manner, has already relocated 1.26 Lakh cum of muck out of 1.86 Lakh cum of muck deposited at Zone-I (for reference kindly see - Annexure R-5) The factum of remedy being carried out therefore would assume importance in assisting this Hon'ble Tribunal in disposing this Suo moto petition (paragraph 9 read with Annexure 20 of the Joint Committee Report).
IMPORTANCE OF THE PROJECT
1. The Ratle Hydro-electric Power Corporation (RHPCL) is a joint venture executed amongst Jammu and Kashmir State Power Development Corporation (JKSPDC) and India's state-owned National Hydroelectric Power Corporation (NHPC).
2. It is submitted that the Ratle Hydroelectric (HE) Project is a significant initiative designed to generate electricity using the flow of the river, "The said project primarily relies on the natural flow of the river, rather than utilising a large reservoir to generate power" at Chenab, village Drabshalla, in Kishtwar District of Jammu and Kashmir. Thus, in the said context, the project is classified as "Run of River" scheme. The Project include a 133 m high gravity dam (from deepest foundation level) and two power stations adjacent to one O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.27
another. The installed capacity of both the power stations will be 850 MW. The 850 MW facility is expected to generate up to 3,136 million units of electricity in a year and shall also allow electrification of 3.1 million homes in the concerned areas by easing the existing burden in states.
3. It is pertinent to state herein that apart from benefitting the Union Territory of Jammu and Kashmir with free power worth Rs. 5289 Crore and through levy of Water Usage charges worth Rs. 9581 crores during project cycle of 40 years, the project will also result in direct and indirect employment to around 4000 persons and will contribute in over-all socio-economic development of the Union Territory of Jammu and Kashmir. It is submitted that, in order to make the said project viable the Govt. of UT of J&K is going to extend exemption from levy of water charges for 10 years after commissioning of project. The said project also holds strategic importance in the sense that the same comes in the backdrop of government's plan to expedite strategically important hydropower projects and to fully utilize its share of water under the Indus Water Treaty of 1960.
4. That for Project implementation, the joint venture between JKSPDC and NHPC, i.e., RHCPL issued a bidding tender process, following which, the "M/s Megha Engineering Ltd", won the bid, and the contract was awarded to them. Thus, the construction of the project was started in January 2022 by Megha Engineering Ltd. It is trite to mention herein that the power generated from the Project will also help in providing balancing of Grid and will improve the power supply position, providing surplus power not just in J&K but also in the states of Rajasthan, Gujrat, Madhya Pradesh and Chhattisgarh.
5. It is respectfully submitted that having regard to the importance and magnitude of the project, as indicated hereinabove, and further subject to considering the reasons for spillage of a miniscule quantity of muck from the dumping site on to the bank of the river, it is submitted that there is no violation, much less serious violation of any of the environmental laws. At this stage itself, the answering Respondent is annexing the actual pictures of the dumping sites which were approved way back in 2012 by Ministry of Environment, Forest and Climate Change in the Environment Clearance (EC) granted to Respondent No. 4 (RHPC). These pictures will show that there is a very limited area which also has been carved out from diversion of forest land, which has been given to Respondent No. 4 to be used as dumping sites. These pictures would show that owing to the hilly nature of the area and the nature of muck (excavated Earth), it is virtually impossible that a miniscule amount would never spill down up to the riverbank. For the purpose of ensuring that this miniscule amount of spilled muck does not enter the water, Respondent No. 5 has erected a crate wall (in nature of a steep incline wall) which prevents further spillage of muck if any, into the Chenab River. Annexure R-1 Colly O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.28
ON MERITS
6. The following issues are being addressed by way of the present Affidavit on the merits of the allegations made in the Joint Committee Report -
A. Allegation of muck dumping into water The Respondent No. 5 submits that at three places in the entire report, the allegation of muck spillage into water has been found. These are to be found at -
i. Paragraphs 3.4.1 and 5 read with pg 528-529; further read with Reply of Respondent No. 4 (RHPC) dated 18.10.2024 at pg 511-525 (see pg 518) of the Report.
ii. Annexure 18 (pg 538)-dated 18.12.2023 iii. Annexure 19 (pg 539)-show cause notice dated 26.09.2024 It is submitted that there is absolutely no material or statement of any responsible person/authority on affidavit which substantiates this allegation of muck dumping into water. The above three noting's (except the MoEF&CC notice) do not specify as to when and who actually saw any muck being spilled into water. This is particularly relevant in view of the fact that the project proponent quarterly tests the water quality of Chenab River.
7. As per the repeated assertions in all the reports, it is alleged that muck is being directly dumped into the river. However, there appears to be a blatant disregard towards the tests conducted by the answering Respondent of the water quality of the Chenab River and ensuring that the standard of water quality remains at par with environmental norms.
8. The reports of these tests have been consistently shared with the Employer. The Joint Committee itself acknowledges in its report that the answering Respondent has provided water quality test results to the Employer, yet the Committee has failed to present these reports on record or adequately examine them to gain a complete understanding of the project's actual impact on water quality. It is critical to highlight that the most recent water quality testing of the Chenab River, conducted by Idma Lab, confirms that there has been no adverse impact or change in the river's water quality attributable to the project. This further substantiates the answering Respondent's compliance with its environmental obligations and diligent efforts to ensure the preservation of water quality.
9. The Respondent raises concerns about the Joint Committee Report, alleging that it presents a biased view by excluding critical data regarding water, air, and noise quality monitoring conducted by the Respondent. In strict adherence to environmental and safety regulations, the answering Respondent has been consistently collecting and testing the Chenab River water through an autonomous third-party agency called Idma Laboratories Limited in Panchkula, Haryana. This is both an independent and certified by the National O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.29
Accreditation Board for Testing and Calibration Laboratories (NABL). A copy of Certificate of Accreditation awarded to Idma Laboratories Limited by National Accreditation Board for Testing and Calibration Laboratories and a Recognition Letter is enclosed here for reference as Annexure R-2 Colly. The latest water sample, collected on 30.09.2024 by Idma Laboratories Limited, demonstrates that the quality of the Chenab River water has not been adversely affected by the ongoing construction activities, and that the water quality remains well within the prescribed standards.
The mere issuance of this certificate confirms the absence of contamination, as the laboratory would not have provided such a certification unless the water quality was deemed satisfactory. Additionally, the test reports are regularly shared with the Employer, RHPCL i.e., Respondent No. 4. The aforementioned test report, along with the relevant water quality standards, is enclosed as Annexure R-3 Colly, for reference.
B. The allegation of muck spillage
10. The answering Respondent submits that this allegation of muck spillage has to be seen in light of the findings of the Joint Committee Report that substantial parts of the excavated muck is already used by the project executing agency as a part of its construction activities. It is also to be seen in background of the pictures annexed as Annexure R1 Colly, i.e. the pictures depicting the steep sloppy area in which the dumping sites have been allocated. In the above background, 2 important factors may kindly be considered by this Hon'ble Tribunal i. That the answering Respondent, since July 2024, has stopped using dumping site No. 1 to ensure that no spillage actually takes place in the riverbanks.
ii. That under the supervision of the JKPCC as also under regular reports being filed before MoEFCC, the Respondent No. 5 has been committed in removing and reusing the muck deposited on the riverbanks. It is submitted that commitment of answering respondent in ensuring the reutilisation and relocation of the dumped muck can be corroborated by the table as enumerated in para 11(a) of the present reply. The answering Respondent further undertakes the removal of lying muck by utilizing the same towards its construction activities. What is more important is the fact that this removal of the riverbank deposits of muck is a part of remedial measures which are also being carried on under the aegis of JKPCC. Some of the pictures showing the manner in which the riverbank muck is being removed are annexed as Annexure R-
4. C. Remedial measures carried out so far
11. While these measures are an ongoing activity, reasonable amount of resource is being constantly utilized by Respondent No. 5 to ensure that all suggestions made by the CPCB and O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
30JKPCC are executed within the timeline specified by them. In furtherance, therefore, the answering Respondent has inter alia executed following remedial measures.
a. The answering respondent has religiously adhered to the recommendations made by the JKPCC and CPCB in their respective reports. It is most pertinently put forth that, with inclusion of extra efforts both mechanically and financially, a total of approximately 11.60 lakh cum of muck was managed during the first phase of the project-6.10 lakh cum from underground works and 5.50 lakh cum from surface works. Through systematic disposal and processing, 3.36 lakh cum was dumped at designated sites (1.86 lakh cum in Zone-I, 1.50 lakh cum in Zone-II, and none in Zone-III), while 3.10 lakh cum was refined and reused as aggregates for concrete production. Further, 1.26 lakh cum from Zone-I was reallocated to GVK Colony near Joshana, 3.38 lakh cum remains within the dam body, and 0.50 lakh cum was utilized for the construction of the power house ramp. These measures demonstrate strict compliance with the prescribed environmental guidelines. These details are submitted for kind perusal.
Category Details
Muck Generated 11.60 lakh cubic meters (Total)
(i) For underground works-6.10 Lakh
cubic meters
(ii) For surface works 5.50 lakh cubic
meters
Muck recycled by crushing 3.10 Lakh cubic meters
Muck Dumped at Designated Site 3.36 Lakh cubic meters
Muck Dumped at Specific Zones Zone 1: 1.86 Lakh cubic meters
Zone 2: 1.50 Lakh Cubic meters
Zone 3: 0.00 Lakh Cubic meters
Muck Stacked in Dam body 3.38 Lakh cubic meters
Muck Relocated from Zone 1 1.26 Lakh cubic meters to Joshana
Village
Muck left to be relocated 59,464 cubic meters
A copy of letter bearing no. RHEP/MEIL/D/24/12/419 dated 08.02.2025 sent by the answering respondent to the CEO, RHPCL is annexed herewith as Annexure R-5 b. Deployed 3 water tankers regularly at the construction site to suppress dust and control air pollution and the same has been acknowledged by the para 8 of the CPCB report stating "Three O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
31tankers were found en-route on the site for sprinkling of water for containing the dust pollution."
c. Air monitoring station was installed and maintained near the project site to track air quality parameters as mentioned in the correspondence between MEIL and JKPCC. To corroborate the same, kindly refer to Annexure R-12.
d. The temporarily stacked muck is being removed from the site near Zone-I on the right bank downstream, preventing its entry into the Chenab-river and is being translocated and re-used in the project construction process like constructing road barriers and gabion/crate walls. It is pertinently stated that as on date more than 1.26 lakh Metric Cubic Meter of muck already stands relocated to a temporary site.
e. Two stone crushers were operated with adequate pollution control devices (PCDs) and pollution control measures (PCMs), along with three DG sets equipped with proper stacks and necessary consents. For preventing noise and air pollution. It is submitted that the Stone crushers and the DG sets generate significant dust and particulate matter along with high level of noises which can disturb the environment and local communities. However, in order to comply with the environment rules and compliances, the answering respondent has implemented the required Pollution Control Measures and Pollution Control Devices in the shape of Noise barriers, soundproofing measures and stacks for DG sets to help capture the harmful particulates, reducing air pollution and noise pollution.
f. Quarterly self- Monitoring Reports (SMRs) detailing air, noise and water pollution levels were submitted, and dust and noise pollution assessments were conducted regularly.
In light of the afore-stated remedial measures and the violations involved by the JKPCC, may not actively survive and any adjudication without noting the effect of aforesaid remedial measures may not be proper. It is submitted that the answering respondent is committed in making sure that no reusable muck is left on the river bank. Despite of innumerable territorial challenges and the hardships, the commitment of the answering respondent in executing the remedial measures can be corroborated from the fact that more than 3/4th of the dumped muck has been relocated.
12. That on 05.06.2024, the answering respondent celebrated world environment day, through awareness and tree plantation drive. The answering respondent believes that a healthy environment plays an essential role in well-being of the nature. And as reiterated before, answering Respondent is focussed on the betterment of the environment. A detailed report of the same is enclosed as Annexure R-6.
13. It is submitted that in compliance of the order dated 12.09.2024, the Joint Committee carried out a site visit on O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
3214.10.2024 and furnished a report, stating therein that, the project proponent has not complied with the Monitoring and Compliance conditions mentioned in its Muck Management Plan, which was submitted for obtaining the Environment Clearance from MoEF&CC. The report states that the violations such as "the total length of retaining wall proposed to be constructed along the river would be about 3200 meters," "These retaining walls are proposed to be located at about 30.0m distance from the highest flood level", "The Project executing agency MEIL is dumping muck directly on the banks of Chenab River, allowing it to flow into the river".
14. That it is most respectfully submitted that, prior to the Joint Committee (JC) report filed by the CPCB on 25.11.2024, in compliance with the orders of the Hon'ble Bench dated 12.09.2024 and 23.10.2024, the JKPCC had already filed its report dated 23.11.2024. The JKPCC, along with members of the Joint Committee, the Tehsildar Kishtwar, the Divisional PCC Kishtwar, and officers of NHPC, conducted a site visit on 14.10.2024 During this visit, the JKPCC examined various documents and representations, following which it prepared and submitted a factual report to the Hon'ble NGT. In its report, the JKPCC specifically provided suggestions and directives to the answering Respondent and the Project Proponent to address environmental compliance issues. The answering Respondent has already been implementing remedial measures in line with these directives and is constantly working on additional suggestions provided by the JKPCC.
It is humbly contended that the Joint Committee, in its report, filed subsequently to the JKPCC report, did not fully consider the steps already taken by the answering Respondent toward compliance, nor did it adequately acknowledge the ongoing efforts done by answering Respondent to address the directives issued by the JKPCC.
DETAILS OF THE PROJECT IN QUESTION
15. That it is pertinent to bring to the Hon'ble Bench's attention the historical context of the ongoing project, which underscores the challenges inherent to its execution and the answering Respondent's commitment to its successful completion. The project was originally awarded to a major corporation, GVK, in the year 2010. Subsequently, GVK engaged L&T as the main contractor in 2012 to commence the construction work. However, owing to the geographical complexities, site-specific challenges, and the inherent difficulties of managing a project of such scale and significance, L&T left the project midway in 2014. This critical national project, vital for socio-economic development and regional progress, was at risk of being abandoned. Recognizing the national importance of the project and its potential benefits for Indian states and citizens, the answering Respondent took over the responsibility of execution. O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
33Understanding the intricate nature of the project and the commitment required, the answering Respondent has since invested significant effort, resources, and expertise to ensure its progress. The answering Respondent's involvement exemplifies its dedication to completing a project of such strategic importance, while upholding the highest standards of environmental, social, and operational responsibility. This historical backdrop not only highlights the difficulties encountered by previous entities but also underscores the answering Respondent's resolve to overcome these challenges for the greater benefit of the nation and its people.
16. That a Google image of the site is attached to visually illustrate the challenging nature of the terrain and to emphasize the inherent difficulties in working in such a region. The answering Respondent humbly submits that, due to the difficult terrain and the numerous obstacles faced during the ongoing construction, the normal laws and rules of construction created for typical locations cannot be applied to this specific project. This is not a usual scenario, nor is it a normal terrain where such rules are feasible or can be effectively executed, given the hilly and tricky nature of the area. A copy of the Google image is enclosed as Annexure R-7 Colly for the Hon'ble Courts reference.
17. That the total project area comprises 537.22 hectares (ha). For construction activities, the answering Respondent was allocated three authorized muck dumping sites, namely Zone 1, Zone 2, and Zone 3. As per the project agreement executed between the parties, explicitly detailed the capacity of each site for muck disposal. The specific capacities of these authorized zones, along with their actual utilizations, are elaborated below for the Hon'ble Tribunal's reference.
18. That Zone 1, situated at a distance of 1.35 kilometers from the dam construction site, spans a total area of 14.81 hectares (ha). As per the project agreement, the designated muck dumping capacity of Zone 1 was estimated at 12.80 lakh cubic meters (cum). However, upon conducting a detailed reconnaissance of the site, the answering Respondent discovered that Zone I could realistically accommodate only 1.86 lakh cum of muck. A detailed map of Zone 1, clearly depicting its capacity and limitations, is annexed as ANNEXURE R-1 COLLY for reference.
19. Furthermore, it is imperative to state herein that the actual physical location of the zone is adjacent to a forest area as depicted in the (Annexure R-1), which inter alia prohibits the Respondent to utilize the pre allocated dumping zone properly. It is submitted that due to the inclination of answering respondents towards saving the forest areas and due to the constrained dumping space at site, minor instances of spillage were observed. However, in response thereto, the answering Respondent immediately ceased all muck dumping activities that were being carried out at the pre allocated Zone-1. Additionally, the answering Respondent undertook all O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
34necessary and appropriate measures to prevent any further spillage and to this regard immediately stopped all muck dumping in Zone 1. Protective crate walls were constructed (Annexure R-8) before any muck was dumped onto the site to securely retain the muck and safeguard the surrounding environment. The wire crates, built to withstand lateral loads, were erected to a height of 3 meters above the high flood level to provide additional safety against environmental hazards. These measures were meticulously executed to ensure compliance with environmental standards.
A photograph of the protective wire crate walls is annexed as ANNEXURE R-8 for reference.
20. In response, the answering Respondent immediately ceased all muck dumping activities at this site. Additionally, the answering Respondent undertook all necessary and appropriate measures to prevent any further spillage and to this regard immediately stopped all muck dumping in Zone 1. Protective wire crate walls were constructed before any muck was dumped onto the site to securely retain the muck and safeguard the surrounding environment. The wire crates, built to withstand lateral loads, were erected to a height of 3 meters above the high flood level to provide additional safety against environmental hazards. These measures were meticulously executed to ensure compliance with environmental standards.
21. That zone 2, covers an area of 11.95 hectares (ha). According to the agreement, its official muck dumping capacity was estimated at 7.60 lakh cum. However, after a thorough survey of Zone 2, the answering Respondent determined that it could only accommodate 0.50 lakh cum of muck. Additionally, it is relevant to note that Zone 2 is situated at a distance of 1.00 kilometer from the dam construction site. The reduced capacity was duly noted, and a photograph detailing the constraints of Zone 2 is enclosed as ANNEXURE R-1 COLLY for reference.
22. Furthermore, it is respectfully submitted that while the designated capacity for muck dumping at Zone 2 was specified as 7.60 lakh cubic meters (cum), the answering Respondent, after a detailed assessment, determined that the actual capacity was limited to 0.50 lakh cum. Recognizing this limitation, the answering Respondent ensured that muck disposal activities at Zone 2 were carefully managed to prevent any spillage. It is pertinent to note that no spillage has occurred to date at Zone 2, as the site has been fully protected through the implementation of robust precautionary measures. Protective crate walls along with the National Highway were constructed to securely retain the muck and safeguard the surrounding environment as shown in the photograph annexed hereto. The concrete walls, built to withstand lateral loads, were erected to a height of 3 meters above the high flood level to provide additional safety against environmental hazards. These measures were meticulously executed to ensure compliance with environmental standards. A photograph of the site showcasing the terrain, Zone-2, National Highway and O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
35protective retention walls is enclosed as ANNEXURE R-1 COLLY for reference.
23.It is submitted that Zone 3, situated at a distance of 1.80 kilometers from the dam construction site located at Kuligad Nala, has a total area of 3.82 hectares (ha). The agreement specified a capacity of 3.40 lakh cum for muck disposal at this site as per the Agreement. However, upon inspection, the answering Respondent found Zone 3 to be entirely unsuitable for any muck dumping operations. The site, despite being designated as an authorized dumping zone, was rendered unusable due to adverse topographical conditions, including a steep slope and a high susceptibility to spillage. Recognizing the significant risk of environmental harm, no muck was ever deposited at Zone 3 and it remains unutilized till date. A detailed photograph of the site, illustrating these limitations, is enclosed as ANNEXURE R-1 COLLY for reference.
24. It is pertinent to note that out of 1.86 lakh cum of objectionable muck in Zone I, more than 1.26 lakh cum muck has been reallocated. It is submitted that on average, each dumper transports 8 cum of muck, with a fleet of 35 dumpers operating daily to ensure the efficient transfer of muck to the dumping yards (reference to Annexure R-4). At the outset, the answering Respondent denies all the contentions raised in the Joint Committee report, contentions that are not specifically denied or transversed are also deemed to be denied in their entirety.
25. The answering Respondent emphatically denies the allegations made in paragraph 3.3 of the Joint Committee Report, which claim that muck has been improperly disposed of directly onto the banks of the Chenab River. The answering Respondent categorically states that no muck has ever been dumped directly on the riverbank, and such accusations are entirely baseless and misleading. The answering Respondent asserts that all muck disposal activities have been carried out in strict compliance with the Environmental Clearance issued by the MoEF&CC and the approved Muck Management Plan for the project.
26. That in response to Para 3.4.1(i), it is submitted that the averments made are denied as being false, misleading, and misconceived. It is humbly submitted that while temporary deviations occurred due to spatial constraints, the answering Respondent, through its own vigilance, stopped dumping muck at the zone in question immediately upon witnessing minor spillage. Furthermore, through a letter in June of 2024, the answering Respondent requested RHPCL for an alternative muck dumping site to facilitate muck disposal at a location other than the dumping site in question. Subsequently, an alternative muck disposal site located 8 km from the riverbank was operationalized in July 2024. Approximately 1.26 Lakh m3 of muck has been relocated to this site. The photograph showcasing the reallocation of muck from the pre-allocated O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
36dumping sites for its re-utilisation is already annexed as Annexure R-4.
27. The answering respondent respectfully submits that it assumed the role of project executing agency in 2022, whereas the original Environmental Clearance (EC) for the project was granted in 2012 to GVK Corporation, with several other entities handling the project before the respondent's involvement. Compliance with the EC conditions mentioned in the MoEF&CC letter dated 22.10.2024 falls under the purview of the Project Proponent, RHPCL. The answering respondent has strictly adhered to all directives issued by the Project Proponent and has taken substantial measures to comply with environmental norms since its engagement. Any alleged violations beyond the respondent's contractual scope of work should be addressed to the entities responsible at the relevant time.
28. That Para 3.5.1 is a matter of fact and thus warrants no response.
29.In response to paragraph 3.5.2 of the Joint Committee Report, the answering Respondent reiterates its unwavering commitment to environmental responsibility. As a testament to this, the answering Respondent highlights Site 3, also referred to as Zone-3, which was officially designated as a muck dumping site by the Employer and has been duly authorised by the MoEF&CC for such purposes. However, upon recognizing the steep gradient of Zone-3 and the resultant risk of muck spillage into the Chenab River, the answering Respondent, acting out of an abundance of caution and environmental responsibility, has refrained from using this authorised dumping site. This proactive measure underscores the answering Respondent's dedication to mitigating any potential environmental impact.
30. In response to paragraph 3.5.3 of the Joint Committee Report, the answering Respondent acknowledges that a temporary alternative site for muck stacking was provided by the Employer, i.e., RHPCL (Respondent No. 4). That this alternative site near Joshana Village which falls within the project land is situated far away from the river. However, the responsibility of notifying the MoEF&CC and the JKPCC regarding this arrangement lies solely within the purview of the Employer. The land for the temporary site was allocated to the answering Respondent in July 2024, and the need for immediate action arose due to minor spillage observed at the Zone-1 site. The answering Respondent acted promptly and responsibly by initiating temporary stacking of muck at this alternative site to mitigate further environmental damage and excessive spillage.
31. In response to paragraph 3.5.5 of the Joint Committee Report, the answering Respondent unequivocally denies the allegations contained therein. The answering Respondent has diligently fulfilled its obligations to dispose of muck strictly at authorized sites and has taken all necessary precautions to O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
37prevent any environmental harm. To ensure compliance and mitigate the risk of spillage, the answering Respondent engaged a duly authorised and qualified architect to design and construct structurally sound crate walls at the dumping sites. These walls were specifically engineered to prevent the discharge of muck into the Chenab River. The answering Respondent is submitting, as Annexure R-9 Colly, the architectural drawings and design specifications of the crate walls, which detail their height, width, and structural integrity along with the letter submitting the designs of crate walls. These documents serve as evidence of the answering Respondent's due diligence and commitment to responsible muck management. The construction of these crate walls was undertaken solely to address the challenges posed by the region's heavy winds and rugged terrain, which have been persistent and significant obstacles since the inception of the project. Despite these challenges, the answering Respondent has consistently taken proactive measures to ensure strict adherence to environmental safeguards.
32. Furthermore, in response to paragraph 3.5.6 of the Joint Committee Report, the answering Respondent vehemently denies the allegations made therein. Contrary to the assertions of the Joint Committee, the answering Respondent ceased all dumping activities at the authorized site in question by July 2024. Furthermore, the answering Respondent has taken proactive measures to address the situation and has removed a substantial portion of the objectionable muck from the site. As on 08.02.2025, the answering Respondent has successfully removed 1.26 Lakh cubic meters of muck out of the muck that was temporarily stacked at the site in question. This removal operation has been carried out expeditiously and with full dedication to environmental compliance. The progress of the muck removal is being monitored weekly under the supervision of the Tehsildar, who was specifically appointed by the District Magistrate for this purpose.
33. In response to paragraph 3.5.8 of the Joint Committee Report, the answering Respondent, in good conscience, submits that it cannot comment on the responsibilities and scope of work assigned to the Employer with regard to Monitoring and Compliance conditions, as these matters fall outside the answering Respondent's purview. The answering Respondent can only address the work and functions strictly within its own ambit concerning the project. With respect to the allegations made by the Joint Committee that no water testing facility was set up to monitor the water quality parameters of the Chenab River, the answering Respondent categorically denies these claims as baseless and misleading. The answering Respondent has been conducting regular water quality testing of the Chenab River on a quarterly basis.
COMPLIANCES IN RELATION TO CONSTRUCTION AND DEMOLITION RULES, 2016 O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
3834. The answering Respondent has implemented a robust system for managing waste materials to ensure compliance with the applicable rules and to mitigate any adverse environmental impact resulting from its operations.
35. That in compliance with the Construction and Demolition Waste Management Rules, 2016, particularly Rule 4(1), the answering Respondent acknowledges its duties as a waste generator and ensures adherence to the prescribed responsibilities. The excavated rock material is being systematically stockpiled at designated locations. The excavated rock material is being preserved for further processing into aggregates and sand, which will be effectively utilized in the subsequent dam construction phase, thereby promoting resource efficiency and minimizing wastage. It is pertinent to highlight that there is no demolition work currently being undertaken at the site, and the ongoing activities are strictly confined to excavation work. That the answering Respondent further states that it is committed to upholding the principles of sustainable waste management throughout the project.
36. That in compliance with the Construction and Demolition Waste Management Rules, 2016, Rule 4 (2), the answering Respondent ensures strict adherence to the requirement of segregating and separately storing waste to prevent any mixing of solid waste with construction and demolition waste. Detailed steps undertaken by the answering Respondent to comply with this obligation are as follows:
a. Designated Waste Collection Areas The project site, has dedicated waste collection zones within the workshop premises to facilitate the systematic handling and disposal of various waste materials. These designated areas are maintained to prevent any unintended mixing of waste and to ensure safe and efficient waste management practices.
b. Storage and Disposal of Metal Scrap Metal scrap, due to its hazardous nature, is stored securely in a designated area at a safe distance from pedestrian zones. This measure is implemented to ensure the safety of workers and prevent any risks associated with its hazardous characteristics. The stored metal scrap is disposed of responsibly through authorized vendors.
c. Storage and Utilization of Scrap Tyres Scrap tyres are appropriately stored within the workshop premises near the worksite area. Some of these tyres are repurposed for the manufacturing of blasting mats at the central workshop of the answering Respondent in Hyderabad. Additionally, surplus tyres are handed over to authorized vendors for proper disposal. This dual approach ensures resource efficiency and environmental compliance.
d. Handling of Waste Oil and Lubricants O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.39
Waste oil and lubricants are stored in separate drums within clearly demarcated areas to prevent any potential environmental hazards. Wherever feasible, these materials are repurposed for construction activities, thereby minimizing waste and promoting sustainable utilization of resources
37. That in compliance with the Construction and Demolition Waste Management Rules, 2016, Rule 4 (3), the answering Respondent affirms adherence to the requirements concerning waste generators producing 20 tons or more of waste in a day or 300 tons per month. The answering Respondent ensures compliance with segregation, management, and reporting obligations, as follows:
a. Segregation of Waste Each type of waste is segregated into distinct categories in line with regulatory mandates:
b. Concrete Waste It is pertinent to highlight that there is no demolition work currently being undertaken at the site, and the ongoing activities are strictly confined to excavation work at this point. Yet, whatever minimal concrete waste is generated is being repurposed effectively for constructing road barriers and gabion/crete walls, thereby ensuring its reuse within the project and minimizing waste generation.
c. Steel and Plastics Waste This waste is being appropriately segregated and stored securely to facilitate efficient disposal and recycling processes. Designated areas have been marked on the construction site for proper storage and disposal of these wastes d. Preparation of Waste Management Plan Although the volume of waste generated is minimal as we are in the initial phase of the project, the answering Respondent remains committed to sustainable waste management practices. A detailed Waste Management Plan has been prepared by the answering Respondent. The plan outlines the methodologies for segregation, storage, reuse, and disposal of construction and demolition waste.
ANNEXURE R-10.
38. That in compliance with the Construction and Demolition Waste Management Rules, 2016, Rule 4(4), the answering Respondent ensures adherence to the mandate requiring waste generators to either retain construction and demolition waste within the project premises or dispose of it through authorized facilities. The following measures have been implemented by the answering Respondent:
a. Handover to Authorized Vendors All construction and demolition waste generated during the course of the project is responsibly handed over to authorized vendors for proper disposal. This approach ensures that the waste is managed in an environmentally sound manner, adhering to the highest standards of safety and compliance. O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.40
b. Prevention of Littering and Obstruction The answering Respondent ensures that no waste is left unattended or disposed of in a manner that could obstruct traffic, inconvenience the public, or affect the drainage systems. The project site is regularly monitored to maintain cleanliness and to prevent any potential environmental or public health issues.
The answering Respondent remains committed to managing construction and demolition waste in a way that aligns with the statutory framework and contributes to sustainable development.
39. That in compliance with the Construction and Demolition Waste Management Rules, 2016, Rule 4 (5) the answering Respondent fulfills its obligation to pay the relevant charges for the collection, transportation, processing, and disposal of construction and demolition waste, as prescribed by the concerned authorities. The answering Respondent ensures adherence to the following:
a. Payment of Charges The answering Respondent diligently pays all applicable charges for the collection, transportation, processing, and disposal of waste generated at the project site. This includes compliance with the financial responsibilities mandated for waste generators producing more than 20 tons per day or 300 tons per month.
b. Agreement with Authorized Facility To ensure proper handling and disposal of bio-medical waste, an agreement has been executed with M/S Kashmir Health Care Systems at IGC Lasipora, Pulwama, Kashmir. This agreement facilitates the environmentally sound disposal of waste in accordance with the rates and guidelines prescribed by the concerned authorities.
40. That in compliance with Rule 5(1) of the Construction and Demolition Waste Management Rules, 2016, the answering Respondent has ensured that a comprehensive Waste Management Plan has been prepared and implemented within the stipulated time frame. This plan encompasses all aspects of waste management, including segregation, storage, collection, reuse, recycling, transportation, and disposal of construction and demolition waste generated at the project site. The Waste Management Plan reflects the answering Respondent's commitment to sustainable practices and adherence to environmental regulations. It has been designed to minimize the environmental footprint of the project and to optimize the reuse and recycling of waste materials wherever feasible
41. That in compliance with Rule 5(2) of the Construction and Demolition Waste Management Rules, 2016, the answering Respondent respectfully submits that this provision does not pertain to its operations, as the answering Respondent is not a service provider under the scope of these rules. The answering O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
41Respondent, however, ensures that all construction. and demolition waste generated at the site is managed in strict compliance with the applicable provisions of the Rules, including the handover of waste to authorized vendors and maintaining cleanliness at the project site
42. That in compliance with Rule 5(3) of the Construction and Demolition Waste Management Rules, 2016, the answering Respondent ensures that authorized agencies have been engaged for the removal and disposal of construction and demolition waste. Although the answering Respondent is not categorized as a service provider, proactive measures have been taken to ensure the waste is managed responsibly. To this end an agreement has also been executed with the following authorized agency: M/S Kashmir Health Care Systems, IGC Lasipora, Pulwama, Kashmir. This partnership ensure the proper collection, transportation, and disposal of waste in compliance with the notified charges and guidelines of the concerned local authorities. Copy of the agreement is enclosed for reference as Annexure R-11.
ADDITIONAL CONTENTIONS OF ANSWERING RESPONDENT NO.5
43. In objection to para 5 of the JKPCC report, the answering Respondent submits that the answering Respondent submits that, in strict adherence to environmental regulations, regular air quality monitoring has been carried out through an independent third-party agency, Idma Laboratories Limited, which is accredited by the National Accreditation Board for Testing and Calibration Laboratories (NABI.). The latest monitoring, conducted on 04.10.2024, demonstrates that all critical air quality parameters, including particulate matter (PM10 and PM2.5), sulfur dioxide (SO2), nitrogen oxides (NOx), and carbon monoxide (CO), remain well within the permissible limits specified under the National Ambient Air Quality Standards (NAAQS). These findings confirm that the project activities have not caused any significant or adverse impact on air quality in the area The Respondent has consistently shared these reports with the Employer, RHPCL. i.e., Respondent No. 4. The most recent report, along with the relevant air quality standards, is enclosed as Annexure R-12, for reference a. Worker Welfare and Energy Conservation The project employs over 1,000 workers, each of whom is provided with proper meals and, for the majority, accommodations within the project premises. A 24x7 mess facility has been established, operated exclusively using LPG for cooking, thereby avoiding the use of firewood. This approach not only supports worker well-being but also contributes to environmental conservation by preventing deforestation and promoting clean energy practices.
b. Medical Facilities O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
42The project site is equipped with two medical centers under the supervision of qualified medical officers, doctors, and a sufficient number of paramedical staff. These facilities operate round-the-clock to address any health emergencies or needs. Additionally, two well-equipped Basic Life Support (BLS) ambulances are available at the site to ensure timely medical assistance when required.
c. Pollution Control Measures A 5 km project road has been developed and is actively maintained using three water sprinklers for effective dust suppression within the project area. Comprehensive measures to control air, water, and noise pollution have been implemented in accordance with environmental standards. These include regular monitoring and the enforcement of necessary safeguards to ensure minimal environmental impact.
d. Muck Disposal and Safeguards Muck generated during the project activities is disposed of at designated sites to ensure environmentally sound management. A crate wall has been constructed at disposal sites to prevent any spillage of muck into the Chenab River. In the event of accidental minor spillage, the muck
44. In objection to para 5 of the JKPCC report, the answering Respondent submits that noise levels have also been monitored on a regular basis in accordance with the Noise Pollution (Regulation and Control) Rules, 2000. These tests have been conducted by Idma Laboratories Limited, an autonomous and NABL-accredited agency. The latest noise monitoring report, dated 04.10.2024, confirms that noise levels recorded at sensitive, residential, and industrial zones around the project site are well within the permissible limits prescribed by the applicable regulatory framework. These reports are regularly shared with the Employer, RHPCL. i.e., Respondent No. 4, to ensure transparency and compliance. The latest noise monitoring report, along with the relevant standards, is enclosed as Annexure R-13, for reference.
45. That in furtherance of proving the answering Respondent's commitment to compliance with environmental and safety standards, a letter dated 28.06.2024, was submitted with the subject "Reply Regarding Report on Safeguard Measures for Energy Conservation, Health, Control of Pollution (Air, Noise & Water) & Proper Disposal of Muck." This letter outlines the comprehensive measures already existing and implemented by the answering Respondent to address various environmental, health, and safety aspects associated with the ongoing project:
a Worker Welfare and Energy Conservation The project employs over 1,000 workers, each of whom is provided with proper meals and, for the majority, accommodations within the project premises A 24x7 mess facility has been established, operated exclusively using LPG for cooking, thereby avoiding the use of firewood. This approach not only supports worker well-being but also contributes to O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.43
environmental conservation by preventing deforestation and promoting clean energy practices b. Medical Facilities The project site is equipped with two medical centers under the supervision of qualified medical officers, doctors, and a sufficient number of paramedical staff. These facilities operate round-the-clock to address any health emergencies or needs. Additionally, two well-equipped Basic Life Support (BLS) ambulances are available at the site to ensure timely medical assistance when required.
c. Pollution Control Measures A 5 km project road has been developed and is actively maintained using three water sprinklers for effective dust suppression within the project area. Comprehensive measures to control air, water, and noise pollution have been implemented in accordance with environmental standards. These include regular monitoring and the enforcement of necessary safeguards to ensure minimal environmental impact.
d. Muck Disposal and Safeguards Muck generated during the project activities is disposed of at designated sites to ensure environmentally sound management. A crate wall has been constructed at disposal sites to prevent any spillage of muck into the Chenab River. In the event of accidental minor spillage, the muck is promptly retrieved and relocated to the designated site, ensuring that the river and surrounding areas remain unaffected This letter underscores the answering Respondent's dedication to adhering to sustainable practices and maintaining the highest standards of worker welfare and environmental protection throughout the project. Copy of the letter has been enclosed for reference as ANNEXURE R-14.
46. That the Power generated from the Project will help in balancing the Grid and will improve the power supply position, providing surplus power not just in Jammu & Kashmir but also in the states of Rajasthan, Gujrat, Madhya Pradesh and Chhattisgarh. Grid balancing involves increasing existing power generating infrastructure to smooth out the supply of power.
47. That this ongoing project between NHPC Limited and Respondent No. 5 represents a visionary and crucial initiative for India, with profound implications for the country's national and socio-economic development Upon completion, this ambitious project is poised to substantially improve the living standards of the people of Jammu and Kashmir and create new opportunities for economic growth and development. It stands as a testament to India's dedication to fostering integrated and sustainable progress across various regions. It is regretted to report that not only was the Joint Committee report submitted in hurry misleading before the Hon'ble NGT but also did not address the core issue of verifying the factual aspect of the case as directed under the NGT order. Moreover, the Respondents have relocated most of the deposited muck to O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
44the temporary site at Joshana Village and have also built wire crates on the both sides of the river Chenab to avoid muck spillage or cause any violation of the environmental norms.
RECOMMENDATIONS:
In the light of the above revelation, it is humbly submitted that the Hon'ble NGT may consider the remedial steps taken by the Respondents despite the territorial difficulties and keep in mind the national importance of the project and pass appropriate orders.
That in view of the foregoing paragraphs, the Joint Committee Report dated 21.11.2024, the Hon'ble NGT may review the deficiencies in the observations of the JC Report and dismiss the present OA."
36. We have considered the objections. It may be observed here that the Joint Committee inspected the dam site and all the three designated muck dumping sites, interacted with the concerned officers, sought relevant details, examined and considered the documents obtained and analyzed the facts and recorded the findings on the basis thereof and we do not find any cogent material to doubt the veracity and correctness of findings recorded by the Joint Committee and we also do not find any valid ground to discard the report of the Joint Committee which deserves due credence and acceptance.
37. Responses filed by the respondents in the present case have to be examined in the light of the findings recorded and the material placed on record by the Joint Committee.
Responses filed by respondents no. 1 and 6
38. In their reply Respondents No.1 (Government of UT of J&K) and 6 (JKSPDC) referred to grant of EC No. J-12011/39/2010-IA-1 dated 12.12.2012 to 850 MW Ratle HE Project, in the name of GVK Ratle HEPP Limited and transfer of EC vide F. No. J-12011/39/2010-1A-1 dated 27.09.2021 to M/s Ratle Hydroelectric Power Corporation Limited (RHPCL) and also obligations under Clause 14.2 of the Promoter's Agreement, Clause IX, (PROTECTION OF ENVIRONMENT) of the Supplementary MOU, Clause O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
459.7 of the Promoter's Agreement, condition imposed in EC and undertaking given by to comply, w.e.f. 01.06.2021 (date of taking over of the company) to all conditions stipulated in the environmental clearance regarding muck disposal. In their reply Respondents No.1 (Government of UT of J&K) and 6 (JKSPDC)submitted that the land, acquired by JKSPDC/diverted for project use by the Government of J&K, measuring 587.22 Ha has been handed over to RHPCL Further, the Government of Jammu & Kashmir vide its Order No:55-JK (PDD) of 2022; Dated: 10-05-2022 (Exhibit -6) has accorded sanction to lease out the 289.48 Ha and utilization of the 277.74 Ha out of the said 567.22 Ha of land for development of 850 MW Ratle HEP. The aforementioned land measuring 567.22 Ha includes the land measuring 30.59 Ha allocated for muck dumping (Exhibit-7), as per the EC issued by MoEF & CC dated 12.12.2012.
39. In their reply Respondents No.1 (Government of UT of J&K) and 6 (JKSPDC) submitted that JKSPDC vide letters dated 16.07.2024 and 16.08.2024 (Exhibit 8) have already apprised J&K Pollution Control Committee (J&KPCC) of the pollution caused by construction activities carried out by Respondent No.5-MEIL in Ratle HE Project and requested to take necessary steps to secure compliance to terms and conditions of Consent to Establish (Exhibit 9) issued by the Committee to the project and prayed that in view of earnest performance of the obligations cast upon them with regard to 850 MW Ratle HE Project, Respondents No.1 (Government of UT of J&K) and 6 (JKSPDC) may be dropped from the array of the respondents.
Responses filed by respondent no. 2
40. Reply dated 01.04.2025 has been filed by respondent no. 2. The relevant part of reply is reproduced below:-
O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.46
"In the matter of: Original Application No. 955/2024 titled President, Municipal Committee, Thathri V/s Union Territory of J&K. Response on behalf of Respondent No.2 in compliance with the order 23.10.2024 passed by the Hon'ble Tribunal in OA No. 955/2024 titled President, Municipal Committee, Thathri V/s Union Territory of J&K. X X X X
2. That in compliance with the aforesaid direction of the Hon'ble Tribunal, the matter have been taken up with the Power Development Department, Member Secretary, J&K Pollution Control Committee, Chairman, National Hydro Power Corporation (NHPC), Office Complex, Sector 33, Faridabad, Haryana, Managing Director, J&K State Power Development Corporation, 1st Floor, S.S.D. Building, Exhibition Road, Jammu, Managing Director, M/s Rattle Hydro Power Project Drabshall, District Kishtwar and Managing Director, M/s Megga Engineering and Infrastructure Ltd., Ist floor 4, Bhatia Complex, Near Gurdwara, Jammu vide O.M/letters No.FST- Lit/562/2024(7592248) dated 08-11-2024 with the request to J&K furnish reply/response in the matter by or before 13-11- 2024. Reminders were also issued on 14-11-2024 and 22.11.2024. Besides, Principal Secretary to the Government, Forest, Ecology & Environment Department also wrote a D.O letter to Principal Secretary to the Government, Power Development Department on 22.11.2024 expressing the urgency involved in the matter and requesting therein an expeditious response in the instant matter. It was further beseeched that a suitable direction to concerned agencies be got issued for sharing response and ATR well before the next date of hearing (copies attached as Annexure 'A').
3. Accordingly, the reply filed by Managing Director, J&K State Power Development Corporation was shared with this department and the same is reproduced as under (copy attached as Annexure 'B'):
1. That, an MOU was signed between i) The Government of UT of J&K, ii) J&K State Power Development Corporation Limited (JKSPDCL) and iii) National Hydroelectric Power Corporation (NHPC) Limited, on 3rd February 2019 (Exhibit -1) for setting up of a Joint Venture Company (JVC) between NHPC Lid and JKSPDCL for implementation of 850 MW Ratle HE Project. 2 That, a Supplementary MOU, in modification of the aforementioned MOU dated 3rd February 2019, was signed between i) The Government of UT of J&K, ii) J&K State Power Development Corporation Limited (JKSPDCL) and iii) National Hydroelectric Power Corporation (NHPC) Limited, on 3rd January 2021 (Exhibit-2) for setting up of a Joint Venture Company (JVC) between NHPC Ltd and JKSPDCL for implementation of 850 MW Ratle HE Project.
3. That, pursuant to aforesaid MOU, a Promoter's Agreement was signed between i) The Government of UT of J&K, ii) J&K State Power Development Corporation Limited (JKSPDCL) and
iii) National Hydroelectric Power Corporation (NHPC) Limited, on O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.47
13th April 2021 (Exhibit 3) for setting up of a Joint Venture Company (JVC) between NHPC Ltd and JKSPDCL for execution of 850 MW Ratle HE Project and thereafter operation of the project, as per the terms agreed thereinto.
4. That Clause 14.2 of the Promoter's Agreement provides as under-
"The Company shall be bound by the terms and conditions laid down in the Supplementary Memorandum of Understanding signed on 03.01.2021 read with the earlier Memorandum of Understanding signed on February 3, 2019, except those which have been modified/changed in this agreement"
Further, Clause IX, PROTECTION OF ENVIRONMENT, of the Supplementary MOU, provides as under:
"The JVC will comply with all the measures prescribed under the law of the protection of the environment"
5 That as per Clause 9.7 of the Promoter's Agreement, "The JVC would comply with the conditions imposed by Government of India from time to time in respect of clearances to the project. It would also comply with conditions imposed by Government of Union Territory Jammu and Kashmir in respect of clearances to the project".
6. That, Ministry of Environment and Forests (MOEF), (GOI), vide No.J-12011/39/2010-1A-1, Dated: 12 December 2012, issued Environmental Clearance (EC) (Exhibit-4) to 850 MW Ratle HE Project, in the name of GVK Ratle HEPP Limited, subject to the conditions, inter alia, that, "Consolidation and compilation of muck shall be carried-out only in the designated muck dumping sites as submitted in the EIA/EMP report. As per the proposed muck disposal plan, out of 24.4 lakh m³ of muck to be generated due to excavation, about 50% (1.2. 12.2 lakh m3) will be dumped at the designated areas in an allocated area of 30.59 ha. The identified muck dumping sites shall be at least 30m horizontally away from the edge of the river corresponding to high flood level (HLF)", and that, "Muck dumping sites should he handed over to Forest Department only after restoration including plantation etc."
7.That, MoEF&CC, GOI, vide F. No. J-12011/39/2010-1A-1, Dated: 27th September 2021, transferred the aforementioned EC to M/s Ratle Hydroelectric Power Corporation Limited (RHPCL) (Exhibit-3), inter alia, against submission of undertaking by M/s Ratle Hydroelectric Power Corporation Limited (RHPCL) that, "Ratle Hydroelectric Power Corporation Ltd. (RHPCL), a Joint Venture Company of NHPC and JKSPDC, undertakes to comply, wef. or.06.2021 (date of taking over of the company) to all conditions stipulated in the environmental clearance letter of MoEF&CC по. J-12011/39/2010-IA.I dated 12th December 2012 in favour of the previous owner"
8. That, the land, acquired by JKSPDC/diverted for project use by the Government of J&K, measuring 567.22 Ha has been handed over to RHPCL. Further, the Government of Jammu & Kashmir vide its Order No:55-JK (PDD) of 2022; Dated:10-05- 2022 (Exhibit-6) has accorded sanction to lease out the 289.48 Ha and utilization of the 277.74 Ha out of the said 567.22 Ha of land for development of 850 MW Ratle HEP.
9. That, the aforementioned land measuring 567.22 Ha includes the land measuring 30.59 Ha allocated for muck O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
48dumping (Exhibit 7), as per the EC issued by MoEF&CC dated 12.12.2012.
10. That JKSPDC vide letters dated 16.07.2024 and 16.08.2024 (Exhibit 8) apprised J&K Pollution Control Committee (JKPCC) of the pollution caused by construction activities carried out by M/s Megha Engineering and Infrastructure Limited in Ratle HE Project and requested to take necessary steps to secure compliance to terms and conditions of Consent to Establish (Exhib1669) issued by the Committee to the project.
4. Further, Chief Executive Officer, Ratle HPCL, Kishtwar vide e- mail dated 14.11.2024 (copy attached as Annexure 'C') has intimated that:
1. Ratle Hydroelectric Power Corporation Limited (RHPCL) has been incorporated on 01.06.2021 as a Joint Venture Company between NHPC and Jammu & Kashmir State Power Development Corporation Ltd (JKSPDC) with equity shareholding of 51% and 49% respectively (Annexure-I). The registered Office of the Company is at NHPC Regional Office, JDA Commercial Complex, Narwal, Jammu (UT of J&K).
Presently, RHPCL has been undertaking implementation of 850MW Ratle Hydroelectric Project located in Tehsil-Drabshalla, District Kishtwar of UT of Jammu & Kashmir.
2. The construction of 850 MW Ratle Hydroelectric Project has been awarded on 18.01.2022 to M/s Megha Engineering & Infrastructures Limited (M/s MEIL), Hyderabad, Telangana under EPC (Engineering. Procurement, Construction) Turnkey Execution mode (Annexure-II).
3. The EIA studies of Ratle HE Project have been carried out in 2012 by the Consultants namely R. S. Envirolink Technologies Pvt. Limited, Gurugram and accordingly, the EIA & EMP reports of the Project have been prepared by them. Subsequently, the Environment Clearance has been accorded to Ratle HE Project by MoEF&CC vide letter No. J-12011/39/2010-IA.I dated 12.12.2012 and subsequently, transferred in favour of RHPCL vide No. J-12011/39/2010-IA.I dated 27.09.2021 (Annexure- III).
4. In compliance to the Environment Clearance (EC) conditions, three (03) designated muck disposal sites (falling under District Kishtwar) stand handed over to M/s MEIL (EPC Contractor) for proper disposal of muck arising out of the construction activities of Ratle HE Project, as detailed below;
Site 1: right bank of river Chenab d/s of proposed Dam with approx. length 1350 m;
Site 2: left bank of river Chenab d/s of proposed Dam with approx. length 1400 m and Site 3: right bank of Kuligad nalla with approx. length 450 m. Details of designated muck disposal sites Description Area (Ha) Capacity Khasra Nos. of land (Lakh CuM) Muck Disposal site-1 14.81 12.8 mentioned site is part of (right bank of river) forest land diverted for use vide government order No. 234-FST of 2012 dated O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
4927.04.2012 and subsequently, forest clearance transferred in favour of RHPCL vide MOEF&CC communication No, 15-01/2021-jammu dated 08.03.2022 Muck Disposal site-2 7.6 mentioned site falls under (left bank of river) 11.95 Khasra No. 2879/265/185 Min. and 293/232 Min. in village Dugga and said land acquired in 2012 by JKPDC, one of the promoters of RHPCL Muck Disposal site-3 3.82 3.4 Khasra No. 171 Min and 172 (r/b of Kuligad Nalla) Min in village Khori (land acquired in 2012 by JKPDC, one of the Promoters of RHPCL) 30.58 23.8 Total
5. As per the EC conditions, out of 24.4 lakh m3 of muck to be generated due to excavation, about 50% (i.e.12.2 lakh m3) will be utilized for construction purpose and the remaining 12.2 lakh m3 will be dumped at the 3 designated sites, along with consolidation and compilation of dumped muck.
6. Substantial amount of generated muck has been utilized (approx. 6.5 Lakh CuM) by the Contractor M/s MEIL in the construction works, retaining structures, crate works, aggregate/sand processing for concrete works for construction of project Structures/Components etc.(Annexure-IV),
7. Further, some part of generated muck (approx. 4.04 Lakh CuM) has been temporarily stacked/utilized by MEIL in the construction area for construction of coffer dykes and to isolate river area for construction of Main Dam, on its both upstream and downstream side, which is one of the essential and very important component of the Project. In this regard, as per the construction Planning, temporarily stacked muck will be relocated for use in the Project construction works after construction of main Dam.
8. The remaining quantity of muck (approx. 2.26 Lakh CuM) was dumped at designated muck disposal sites (falling under District Kishtwar) as given in EC, on both left and right bank of river Chenab d/s of proposed Dam as mentioned in Para 4.
9. Subsequently, to avoid any spillage of muck into the river, the dumping of muck on the right hank of river Chenab has been stopped since July 2024. The District Administration. has also been informed in this regard (Annexure-V). Moreover, it has been assured by MEIL that the portion of muck, spilled if any, at the muck disposal site-1 (right bank) will be retrieved and relocated for further utilization in the construction activities of Project.
10. On the request of MEIL, Ratle Project has provided an alternative site to MEIL near Joshana village, within the acquired Project land for temporary stacking of muck (approx. 10.0 Ha; Khasra No.317/308/209 Min) (Annexure-VI). The said alternative O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
50site is far away from river (approx. 8 Kms) and the contractor M/s MEIL has started stacking muck at aforementioned alternative site. The retrieval & relocation of muck from right bank disposal arca has already been started by MEIL and approx. 50,000 CUM muck has been relocated to alternative site at Joshana village (Annexure-VII).
11. The Environmental compliance report regarding disposal of muck and other safeguard measures, has been submitted to J&K Pollution Control Committee by MEIL from time to time (Annexure- VIII).
12. The Consent to Establish (CTE) has been granted to Ratle HE Project by J&K Pollution Control Committee vide Order No. PCC/digital/24033871690 of 2024 dated 28.05.2024 which is valid upto June 2025 (Annexure-IX).
13. Thathri Town in District Doda of UT of J&K is located almost 4 kms downstream of Ratle Dam site, on left bank of river Chenab and there are no chances of rise in water level or flooding of Thathri town due to construction activities of Ratle HE Project, as there is no such obstruction to the flow of water.
14. Moreover, till date, neither any such complaint has been received from any local nor any directions have been received from Doda District Administration regarding damage to the residential structures/ shops situated at Thathri town or any rise in water level caused by the construction activities of Ratle HE Project, as submitted by the Applicant.
15. MEIL has been instructed from time to time by RHPCL for ensuring the strict compliance of the applicable Environmental Laws/ norms during the execution of Project works. MEIL has also been instructed to ensure that the muck and debris arising out of construction activities of Ratle HE Project are dumped only at handed over designated Muck Disposal sites, without any spillage into the river Chenab or any other water body (Annexure-X),
16. As submitted by the Applicant regarding construction of concrete wall along both sides of river at Thathri town, it is to submit that all the benefits/grants contained in the approved R&R Plan of Ratle HE Project shall be duly disbursed amongst the lawful beneficiaries and all the activities contained therein shall be implemented through Commissioner R&R of Ratle HE Project (Deputy Commissioner, Kishtwar).
17. As the muck is now being temporarily stacked much away from the river and the water is continuously flowing in the river, as such, there is no threat to the aquatic life in the river.
18. The R&R Package for Ratle HE Project has been approved by GOJK vide Order dated 16.08.2024. The R&R Package, as approved by GOJK, shall be implemented by the Commissioner R&R for Ratle HE Project (Deputy Commissioner, Kishtwar). The necessary funds required for implementation of R&R Package, shall be released by RHPCI, for timely disbursement of benefits/ grants amongst the beneficiaries.
19. MEIL has been directed to ensure that all the environmental safeguard measures are taken, to strictly comply with all the laid down Environmental norms/guidelines.
5. Besides above, Member Secretary, J&K Pollution Control Committee vide its reference No. JKPCC/Sc/OA-955-2024/1429- 33 dated. 25-11-2025 (copy attached as Annexure 'D') has submitted that the Compliance Report in the instant matter has O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
51been submitted to the Hon'ble National Green Tribunal vide office letter No.JKPCC/SC.OA-955-2024/4041-42 dated 23-11-2024 and copy of report also enclosed for perusal. The same is reproduced as under:-
In compliance to the directions of Hon'ble NGT, all the following members of the joint committee constituted by the Hon'ble NOT, visited the site of the project located on Batote-Kishtwar Highway at Drabshalla, District Kishtwar on 14-10-2024:
1. Sh. Rajesh Kumar Shavan, JKAS, District Commissioner, Kishtwar.
2. Sh. Ghansham Singh, JKAS, Member Secretary, J&K Pollution Control Committee.
3. Dr. Narender Sharma, Scientist 'F/Director, Central Pollution Control Board, Regional Directorate, Chandigarh.
4. Sh. Khurshid Alam Khan, Scientist C, Sub-Office Jammu, Integrated Regional Officer, Ministry of Environment, Forest and Climate Change, Jammu.
Besides, the members of the joint committee, Tehsildar Kishtwar, Divisional PCC Kishtwar and officers of NHPC, Rattle Hydro Electric Project and representatives of M/s Megha Engineering and Infrastructure Ltd, also a accompanied the joint committee during the site inspection.
The Joint Committee inspected the dam site and all three designated muck dumping sites outlined in the Environmental Management/Muck Management Plan. The Joint Committee captured photographs duding site inspection for inclusion in the factual report.
The Joint Committee after interaction with the concerned officers of the NHPC, Rattle Hydro Electric Project Limited sought following details from M/s Rattle Hydroelectric Power Corporation Limited (RHPCL), M/s Megba Engineering and Infrastructure Ltd (MEIL), Sub Office, MoEF&CC, Jammu, Divisional Officer, Kishtwar, J&K and Tehsildar, Kishtwar, J&K and M/s Megha Engineering and Infrastructure Ltd (MEIL)
1. Muck Management Plan of the Rattle Hydroelectric Power Project, Kishtwar.
il Copy of Environmental Management Plan submitted by the project proponent for obtaining Environmental Clearance. iii. Copy of half-yearly compliance report submitted by the project proponent to MoEF&CC regarding compliance of the conditions of Environmental Clearance.
Copy of report of verification conducted by MoEF&CC regarding the compliance of the conditions of Environmental Clearance.
v. Copy of Consent to Establish (CTE) granted by J&K PCC and violation reported in the past by the Divisional Officer, Kishtwar, J&K PCC along with action taken report.
vi Details of land allotted by Revenue Department, Kishtwar to project proponent for muck dumping, as mentioned in the letter petition.
vii. Status of muck generation and disposal as of October 14, 2024.
The Joint Committee examined and considered the following documents to analyse the facts and arrive at a conclusion for O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
52preparing a factual report, for submission to the Hon'ble National Green Tribunal:
i. Environmental Clearance granted to M/s Ratle HEP (850MW) Project in Kishtwar District of Jammu & Kashmir to M/s GVK Ratle Hydro Electric Project Pvt. Ltd. by MoEF&CC vide No. J 12011/39/2010-1A-1 dated 12-12-2012. The above environmental clearance was later on was transferred in the name of M/s Ratle Hydro Electric Power Corporation by MoEF&CC vide No. J-12011/39/2010-1A.idated 27-09-2021. ii Muck Management/Disposal Plan (MMP), submitted by the Project Proponent for obtaining Environmental Clearance (EC) from MoEF&CC iii Environment Management Plan (EMP) submitted by the Project Proponent for obtaining. Environmental Clearance (EC) from MoEF&CC.
iv. Half yearly reports of compliance of the conditions of Environmental Clearance (EC) submitted by the Project Proponent for the period October 2022 to March 2023, April 2023 to September 2023, October 2023 to March 2024 and October 2024. v. Compliance verification report of MoEF&CC dated 16-08-2024 w.r.t conditions of Environmental Clearance granted to the Project Proponent.
vi Show Cause Notice issued by the MoEF&CC to the Project Proponent for the non-compliances observed during compliance verification inspection vide No. IA-J-11014/257/2024/IA-1/ dated 22-10-2024.
vii. Letters issued to M/s Megha Engineering and Infrastructure Limited by M/s Ratle Hydroelectric Power Corporation Limited dated 27-09-2022, 07-11-2022 and 26-07-2024 for compliance of provisions relating to ecological balance-regarding disposal of muck at only designated sites.
viii Directions of the J&K PCC, Jammu vide No. PCC/RDJ/GGC- 20/2023/3026-29 dated 18-12-2023 to the General Manager M/s Megga Engineer and Infrastructure Ltd for pressing into service additional water tanker to ensure pollution level under control to kept pollution under control and removal of the dumped muck near the river as also submission of quarterly SMR of air quality, water quality and noise pollution.
ix Legal notice issued by the J&K, PCC to CEO M/s Rattle Engineering and Infrastructure Ltd. Kishtwar vide No. PCC/RIJ/GGC-20/N-1/2021/1516-18 dated 07-10-2023 for proper management of retention of muck and installation of latest technology of anti-pollution suppression of high pressure mechanical nozzle machines at 3 to 4 locations on the dust emitting points.
x Legal notice issued by the J&K PCC to CEO M/s Rattle Engineering and Infrastructure Ltd. Kishtwar vide No. PCC/RDJ/GGC-20/N-1/2024/1104-1109 dated 26-09-2024 to prevent muck dumping near TRT on the right bank (downstream going into river Chenab in violation of environmental laws. xi. Details of the muck generated/utilized in Ratle HE Project till 31-10-2024.
The Joint Committee has submitted a detailed report to the Hon'ble National Green Tribunal through the CPCB, New Delhi being the Co-ordinating agency in terms of the Hon'ble NGT order. Action Taken by the J&K PCC O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.53
1. Regional Director PCC, Jammu vide No. PCC/RDJ/GGC-
20/2023/3026-29 dated 18-12-2023 directed the General Manager M/s Megha Engineering and Infrastructure Lad for pressing into service additional water tanker to ensure pollution level under control.
i. to ensure that Air Monitoring Stations are established at Construction site/dam site power house area for maintaining the vital parameters.
ii. Removal of the dumped muck near the river.
iii. Submission of quarterly SMR of air quality, water quality and noise pollution (copy enclosed as Annexure 1).
2. Regional Director, PCC Jammu issued legal notice to CEO M/s Rattle Engineering and Infrastructure Ltd. Kishtwar vide No. PCC/RDJ/GGC-20/N-1/2013/1516-18 dated 07-10-2023 for proper management of retention of muck and installation of latest technology of anti-pollution suppression of high pressure mechanical nozzle machines at 3 to 4 locations on the dust emitting points. (Copy enclosed as Annexure 2).
3. Regional Director, PCC, Jammu issued legal notice to CEO M/s Rattle Engineering and Infrastructure Ltd. Kishtwar vide No. PCC/RDJ/GGC-20/N-1/2023/3244-46 dated 29-02-2024 for dumping of muck generated from the various constructions activities of the project into the catchment area of Chenab river and ensuring operation of a no's of stone crushers with adequate PCDs/PCMs and 3 DG set with proper stack and consent (Copy enclosed as Annexure 3).
4. Regional Director, PCC, Jammu issued legal notice to CEO M/s Rattle Engineering and Infrastructure Ltd. Kishtwar vide No. PCC/RDJ/GGC-20/N-1/2024/1104-1109 dated 26-09-2024 to prevent muck dumping near TRT on the right bank (downstream going into river Chenab in violation of environmental laws). (Copy enclosed as Annexure 4)
5. The J&K PCC constituted a committee of officers of J&K PCC for conducting ground assessment of dust pollution and noise pollution caused in Tehsil Drabshalla, District Kishtwar as a result of blasting and other construction activities carried out by M/s Megha Engineering and Infrastructure Ltd in Rattle Hydro Electric Project vide order No. JKPCC/PS/MS/2024/3411-3416 dated 20-06-2024 and the Joint committee submitted its report vide No. PCC/DO/K/24/74-75 dated 10-08-2024 (Copy enclosed as Annexure 5).
6. Pursuant to the aforesaid report and recommendations of joint committee, a show cause notice for violation of environmental (Protection) Act 1986, by the MEII, was issued to the Chief Executive Officer, Megga Engineering and Infrastructure Limited to show cause Tech within 15 days as to why legal action as warranted under Department Environment (Protection) Act 1986 should not be taken against the company vide No. PCC/LSJ/7565667/2024/2581-2585 dated14-11-2024. (Copy enclosed as Annexure 6).
7. Taking cognizance of the report of joint committee constituted by the Hon'ble NGT and J&K PCC, a 3 members committee has been constituted for assessing and computing environmental compensation leviable after ascertaining the period and quantum of violations and furnish report within 15 days vide order No. O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
54JKPCC/PS/MS/24/4034-37 dated 23-11-2024. (Copy enclosed as Annexure 7).
Based upon the reports about the assessment and computation of environmental compensation and recommendations by the joint committee. Further necessary action in terms of environmental protection laws will be taken against the defaulting agencies in a time bound manner.
In the premises, it is, therefore, respectfully prayed that the aforesaid report may kindly be placed before the Hon'ble Tribunal, for its kind consideration."
41. The supplementary status report dated 22.04.2025 was filed by respondent no. 2. The relevant part of supplementary status report is reproduced below:-
"Supplementary Status Report on behalf of Respondent No.1 and 2, in compliance with the orders 23.10.2024 and 19.02.2025 as passed by the Hon'ble Tribunal in OA No. 955/2024 titled President, Municipal Committee, Thathri V/s Union Territory of J&K. II. In compliance to the above directions of the Hon'ble Tribunal, a detailed reply was filed by this department on 01.04.2025 (Annexure-I).
III. Further that, a meeting was held under the chairpersonship of Commissioner Secretary, Forest, Ecology and Environment Department, J&K, wherein Member Secretary, JK PCC was directed to furnish the updated status report after conducting the necessary site visit as on date.
IV. The updated status report (Annexure-II) was received by this department on 21.04.2025, which is placed herewith for kind consideration of the Hon'ble Tribunal.
In the premises above, it is, therefore, respectfully prayed that the aforesaid supplementary report may kindly be placed before the Hon'ble Tribunal, for its kind consideration."
Responses filed by respondent no. 4-RHPP, respondent no. 5-MIEL and respondent no. 7-NHPC
42. Pursuant to notice, response dated 03.10.2024 was filed by 5 vide email dated 22.10.2024. The relevant part of the response is reproduced below:-
O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.55
"RESPONSE ON BEHALF OF RESPONDENT NO. 5 TO THE LETTER PETITION FILED BY PRESIDENT MUNICIPAL COMMITTEE THATHRI ON 25.11.2023 AND SUBMITTED IN COMPLIANCE OF ORDER DATED 12.09.2024 BY THE HON'BLE NATIONAL GREEN TRIBUNAL.
X X X X
5. ....... After getting CTE, we commenced the works and complied with the conditions therein during the execution of works. A copy of CTE DL 16-6-2022 is filed herewith as Annexure R-2. After 1 year of initial CTE, an application for renewal was made by Respondent No.4 to J&KPCC. On 27-9- 2022 the Respondent No.4 intimated the Respondent No.5 that an Inspection Note was conveyed by J&KPCC wherein no major shortcomings were found by J&KPCC except asking the Respondent No.5 to comply with the HM Rules, BMW Rules, PWM Rules and conditions stipulated in EC during the course of construction. A copy of letter Dt. 27-9-2022 is filed herewith as Annexure R-3. On 28-5-2024 the J&KPCC has granted renewal of CTE upto June, 2025 for the Hydroelectric Power Project. A copy of Renewal CTE Dt.28-5-2024 is filed herewith as Annexure R-4.
6. Respondent No. 5 complied with all the contract conditions & conditions of EC and other applicable laws during the course of muck disposal. Respondent No,5 intimated about the status of muck disposal, methods of muck disposal etc. to Respondent No.4 at various levels of project execution. Copies of letters dated 2-7-2022, 29-9-2022 and 12-3-20224 are filed herewith as Annexure R-5 (Colly.). Being EPC contractor of Project, the Respondent No.5 has been executing the project without any violation of environmental laws, disposing off the muck at the designated locations of Respondent No.4 and taking all steps for prevention of spillage during the course of construction of project.
X X X X
RESPONSE TO THE CONTENTIONS RAISED IN THE
LETTER PETITION.
13. That it is Respondent No.5's primary stance is that all actions taken in the execution of the project were in accordance with the contractual obligations, environmental regulations, and legal permissions granted by relevant authorities. Respondent No. 5 should, therefore, be deemed not liable for any of the alleged infractions.
14. That it is submitted that, the Respondent No.5 has not deviated from any environment guidelines, and adhered to the proper protocols placed under the contract. Respondent No. 5 being the contractor, followed the guidelines laid down by its employer i.e., Respondent no.4. Respondent no.5 utilized the designated muck dumping zone as per the Contract agreement for civil work, Volume II page 5-6, which provided for specific dumping sites. However, the dumping site in question, which was assigned to Respondent No.5 is a hill slope. Due to the vastness of the contract agreement the complete document is not being filed to avoid making the file heavy and bulky. The same would be produced as per the Order of the Tribunal. Thus, a copy of the specific pages of the Contract agreement for civil work, Volume II page 5-6 is enclosed as Annexure R-6. O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.56
15. That it is pertinent to emphasize that, although Respondent No. 5 was assigned a challenging and steeply inclined site for muck dumping, they demonstrated a proactive commitment to environmental conservation by constructing a reinforced crate wall along the banks of the Chenab River. This structure was meticulously designed and implemented to serve as a protective barrier, effectively preventing any displacement or spillage of muck into the river. By undertaking this measure, Respondent No. 5 has actively contributed to safeguarding the ecological integrity of the Chenab River and minimizing any potential adverse environmental impact. A copy of the pictures of the crate wall created to prevent spillage of muck into the river has been enclosed as Annexure-R-7 (Colly).
16. That it is important to note that the letter petition seeks assistance from the Project Authorities to allocate funds under the Relief and Rehabilitation (RR) plan for the construction of a protective wall intended to shield local residents from flooding and other damages. While Respondent No. 5 empathizes with the challenges faced by the local residents who endure annual floods and landslides due to the region's challenging terrain and environmental conditions, it must be clarified that the responsibility for such provisions falls outside the scope of Respondent No. 5's obligations. This responsibility lies within the purview of the Employer, namely NHPC Limited (RHPCL), which is tasked with addressing the concerns of local residents in relation to flood and landslide protection.
17. That it is submitted that the Respondent No. 5 further guarantees and assures that 100% of the muck dumped anywhere during the course of the project, will be reused and effectively utilized by them in the project itself. Answering Respondent No.5 will ensure productive utilization of muck in a manner that poses no harm to the environment. This assurance demonstrates Respondent No. 5's dedication to minimizing environmental impact while adhering to sustainable practices throughout the course of the project.
18. That Respondent No. 5 recognizes the vital importance of protecting the environment in all its projects. We are committed to implementing sustainable practices and maintaining stringent environmental controls at every stage of our operations. Our objective is to enhance people's lives while simultaneously safeguarding the natural environment. By adhering to the highest environmental standards and utilizing advanced technologies, we strive to minimize our impact on the environment and ensure that our project do not harm the ecosystems in which we operate
19. That this ongoing project between NHPC Limited and Respondent No 5 represents a visionary and crucial initiative for India, with profound implications for the country's national and socio-economic development. Upon completion, this ambitious project is poised to substantially improve the living standards of the people of Jammu and Kashmir and create new opportunities for economic growth and development. It stands as a testament to India's dedication to fostering integrated and sustainable progress across various regions"
O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
5743. In compliance of order dated 03.12.2024 reply dated 18.02.2025 was filed by respondent no. 4-M/s. Ratle Hydro Power Project. The relevant part of the reply is reproduced below:-
"REPLY ON BEHALF OF RATLE HYDRO POWER PROJECT DRABSHALLA, DISTRICT KISHTWAR, JAMMU & KASHMIR (RESPONDENT NO. 04) X X X X
3. That the Ratle Hydroelectric Power Corporation Limited (RHPCL) was incorporated on 01.06.2021, as a joint venture between NHPC Limited and Jammu & Kashmir State Power Development Corporation Limited (JKSPDC), with an equity shareholding of 51% and 49%, respectively. The registered office of the Company is situated at Room No. 8, Block 2, NHPC Regional Office. JDA Commercial Complex, Narwal, Jammu, Union Territory of Jammu & Kashmir. Currently, RHPCL is engaged in the implementation of the 850 MW Ratle Hydroelectric Project, located in Tehsil Drabshalla, District Kishtwar, in the Union Territory of Jammu & Kashmir.
4. That the construction of Ratle Hydroelectric Project has been awarded by RHPCL, M/s Megha Engineering & Infrastructures Limited ("MEIL.") under an Engineering, Procurement, and Construction ("EPC") Turnkey Contract mode on 18.01.2022.
5. That the Environmental Impact Assessment (EIA) studies for the Ratle Hydroelectric Project were conducted in 2012 by R.S. Envirolink Technologies Pvt. Limited, Gurugram. Based on these studies, the EIA and Environmental Management Plan (EMP) reports for the project were prepared by the said consultants.
Subsequently, Environmental Clearance (EC) was granted to the Ratle Hydroelectric Project by the Ministry of Environment, Forest and Climate Change (MoF&CC) vide letter No. J- 12011/39/2010-1A dated 12.12.2012. The copy of Environmental Clearance (C) letter dated 12.12.2012 is annexed as R4/2.
6. That it would be relevant to mention here that the Ratle Hydroelectric Project was conceived by the then State of J&K and the construction of Project was awarded to M/s GVK on IPP cum BOOT mode in the year 2010. The project was abandoned by M/s GVK in the mid of the year 2014, Subsequently the project was revived by GOI followed by signing of MOU between NHPC, JKSPDC and GoJK on 03.02.2019 and supplementary MOU dated 03.01.2021. The Copies of these MOUs are annexed as R4/3(Colly).
7. That in terms of the above MOUs a new Joint Venture Company namely "Ratle Hydroelectric Power Corporation Limited" (RHPCL) was incorporated on 01.06.2021 for implementation of Ratle HE Project. As such, after a span of almost 8 years, the sand abandoned Project has been allotted to RHPCL on "as is where is basis". Vide letter No, J- 12011/39/2010-1A dated 27.09.2021, the Environment Clearance of Project was transferred by MoEF&CC in the name of RHPCL.
O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
588. That the 850 MW Ratle Hydroelectric Project, being a run-of- the-river hydroelectric power project, falls within the purview of the Indus Waters Treaty signed between India and Pakistan in 1960. Consequently, the project is of significant national importance. The project is progressing at an accelerated pace (till date expenditure amounting to Rs. 800 crores Approx incurred) to ensure compliance with stipulated timelines considering factors such as the reorganization of Jammu & Kashmir as a Union Territory, its status as a priority project for the Government of India. It is therefore in the National interest that the Project is completed. It is pertinent to mention that various external forces have raised objections to the construction and commissioning of this hydroelectric power project, given that the Indus River(s) flows into Pakistan after passing through Indian territory. At the international level, the neighbouring country has even initiated proceedings before the International Court of Justice (ICJ). In this regard, a Committee of Neutral Experts has been constituted under the framework of the Indus Waters Treaty to address the concerns raised. A copy of the newspaper article dated 24.06.2024, titled "Indus Water Treaty: 40 members delegation visits Ratle Hydroelectric Project in Kishtwar", is annexed herewith as Annexure R4/4. Additionally, a copy of the newspaper article dated 26.06.2024, published in The Hindu, titled "Pakistan Delegation Allowed Access to Ratle Power Project own Chenab River in J&K", is annexed herewith as Annexure R4/5.
9. That the allegations made by the Applicant concerning the unauthorized dumping of debris and muck into the Chenab River are baseless and lack substantive evidence. The muck generated from the construction activities is being managed in adherence to the applicable environmental guidelines and the conditions stipulated in the Environmental Clearance (EC). Three Muck disposal sites have been designated as per the Environmental Management Plan (EMP) and Muck Management Plan, both of which are explicitly referenced in the Environmental Clearance granted to the Project and also categorically mentioned in the Contract Agreement executed with M/s Megha Engineering & Infrastructures Limited (M/s MEIL), Hyderabad, Telangana. These designated sites ensure the proper and systematic disposal of muck generated from the construction activities of the Ratle Hydroelectric Project. The details of these three designated sites are as follows:
Site 1: Right bank of river Chenab dis of proposed Dam with approx. length 1350 m;
Site 2: Left bank of river Chenab d/s of proposed Dam with approx. length 1400 m and Site 3: Right bank of Kuligad nalla with approx. length 450 m.
Details of designated Muck disposal sites Description Area (Ha) Capacity Khasra Nos. of land (Lakh CuM) Muck Disposal site-1 14.81 12.8 mentioned site is part of O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.59
(right bank of river) forest land diverted for use vide GOJK order No. 234-FST of 2012 dated 27.04.2012 and subsequently, forest clearance transferred in favour of RHPCL vide MOEF&CC communication No, 15-01/2021-jammu dated 08.03.2022 Muck Disposal site-2 7.6 mentioned site falls under (left bank of river) 11.95 Khasra No. 2879/265/185 Min. and 293/232 Min. in village Dugga and said land acquired in 2012 by JKPDC, one of the promoters of RHPCL Muck Disposal site-3 3.82 3.4 Khasra No. 171 Min and 172 (r/b of Kuligad Nalla) Min in village Khori (land acquired in 2012 by JKPDC, one of the Promoters of RHPCL) 30.58 23.8 Total A Copy of Mock Disposal Plan is Annexed as R4/6.
10.That in accordance with the conditions mentioned in the Environmental Clearance (EC), a total of 24.4 lakh cubic meters of muck is projected to be generated as a result of excavation activities. Of this, approximately 50% (i.e. 12.2 lakh cubic meters) will be utilized for construction purposes. The remaining 12.2 lakh cubic meters will be systematically disposed of at the above three designated muck disposal sites with appropriate measures undertaken for the consideration and stabilization of the dumped material.
11. That as per the topographical survey of the area, at present, the existing average with of the river course in the muck disposal area is nearly 41 mtr, which is same as that of previously existing natural course of the river. The construction activities of Ratle Hydroelectric Project have not caused any encroachment of river or any decrease in the width of river course and as such, the water in the river is flowing normally as per the natural river course.
12. That approximately 4.60 lakh cubic meters of muck has been utilized by Respondent No. 05, M/s MEIL, for construction purposes such as aggregate/sand processing, retaining structures, crate works, construction of roads and Power House ramp etc. Additionally, about 3.38 Lakh cubic meters of muck have been temporarily stacked in the Dam body area for the construction of essential components like coffer dyke dam etc. As per the construction planning, this muck will be relocated and reused/recycled upon the completion of these structures.
13. That the remaining quantity of muck (approximately 2.36 lakh cubic meters) has been safely disposed of at the designated sites, as per the EC conditions, by providing crate works, retaining structures etc. As submitted by M/s MEIL, O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
60approx. 1.86 Lakh cum of muck has been dumped at Muck disposal site-1 (right bank) whereas approx. 0.50 Lakh cum of muck has been dumped at Muck disposal site-II (left bank).
14. That to avoid any potential spillage of muck into the Chenab River, the dumping of muck on the right bank of the river has been completely ceased since July 2024. The District Administration has been duly informed regarding the cessation of dumping activities at the right bank. Furthermore, MEII. (Megha Engineering and Infrastructures Limited) has undertaken to ensure that any muck inadvertently spilled at Muck Disposal Site-I (right bank) will be retrieved and relocated. The retrieved muck shall be utilized for further construction activities associated with the Project, thereby adhering to principles of sustainable waste management and minimizing environmental impact.
15. That on the request of contractor M/s MEIL Ratle Project, has provided an alternative site at Joshana village, Salana (Kandini) and Dugga village for the temporary stacking of muck. The said alternative site(s) are having spans more than 14 hectares and are identified as Khasra No. 317/308/209 Min (Joshana), 19, 20 (Salana-Kandini) and 289-265/185 Min., 293/232 Min, (Dugga) which is part of acquired land for the Ratle Project. The providing of alternative site at Joshana village to MEIL for temporary stacking of muck has been intimated to MoEF&CC and J&K Pollution Control Committee in October 2024. A Copy of Maps and Details of alternative sites (within Project acquired land) for temporary stacking of muck is Annexed as R4/7. It is pertinent to mention herein, at the cost of repetition, that the alternative site has been provided solely for the temporary stacking of muck, which is being utilized for construction activities as previously stated herein.
16. That the alternative sites are situated at a significant distance from the river, ensuring compliance with environmental safeguards, Pursuant to the above arrangement, the contractor, M/s MEIL, has commenced the process of stacking muck temporarily at the aforementioned alternative site. Further, the retrieval and relocation of muck from the right bank, disposal area has also been initiated by M/s MEIL. As of now, approximately 1.26 lakh cubic meters of muck has been successfully relocated to the alternative sites
17. That the periodic environmental compliance reports have been prepared and submitted timely to the Jammu & Kashmir Pollution Control Committee (J&K PCC) in accordance with the applicable statutory requirements and guidelines by answering respondent. These reports document the measures undertaken to ensure compliance with environmental norms, including the proper disposal of muck and other safeguards implementation. The compliance reports with regard to any observations or notices received on the periodic reports so submitted by answering respondent have also been filed to the satisfaction of the concerned Authorities along with details of requisite suitable action taken. A copy of the periodic compliance reports submitted to the MoEF&CC and J&K Pollution Control Committee is Annexed as R4/8.
18. That, during the routine inspection, the Ministry of Environment, Forest and Climate Change (MoEF&CC) issued a O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
61show-cause notice to Ratle Hydro Electric Power Corporation Limited vide no. IA-J11014/257/2024/IA-1 dated 22.10.2024. In response, respondent no. 04 satisfactorily submitted its reply on 20.11.2014, confirming compliance with all 14 conditions of the environmental clearance. The MoEF&CC acknowledged the same and requested its sub-office in Jammu to review the compliance. A copy of reply to the said show-cause notice is annexed herewith as Annexure R4/9.
19. That, as stated in the Joint Committee Report, the Jammu & Kashmir Pollution Control Committee has issued directions and legal notices to M/s Megha Engineering & Infrastructures Limited ("MEIL.") for the dumping of muck near a water body and the dumping of muck near the TRT on the right bank (downstream). These notices were issued on 18.12.2023 and 26.09.2024, respectively. In response to these notices, M/s. Megha Engineering & Infrastructures Limited submitted its replies on 30.01.2024 and 08.10.2024, respectively. A copy of the replies submitted by MEIL, is annexed herewith Annexure R4/10.
20. That the Thathri Town, situated in District Doda of the Union Territory of Jammu & Kashmir, is located approximately 4 kilometres downstream of the Ratle Dam site on the left bank of the Chenab River. It is respectfully submitted that there is no likelihood of a rise in water levels or flooding in Thathri Town due to construction activities of the Ratle Hydro-Electric Project. The project activities do not involve any obstruction to the natural flow of the Chenab River that could potentially result in such impacts as apprehended in the letter petition under consideration.
21. That Till date, neither any complaints have been received from any local residents of Thathiri Town regarding any rise in water level, flooding, or damage to residential structures or shops attributable to the construction activities of the Ratle Hydro-Electric Project nor have any directions been issued by the District Administration regarding alleged damage to structures or flooding.
22. That the Project Proponent remains committed to comply with all environmental and safety norms, ensuring that the project activities do not cause any harm to the local community, properties and environment.
23. That M/s MEIL has been regularly instructed by Ratle Hydro Power Corporation Limited (RHPCL), to ensure strict adherence to the applicable environmental laws and norms during the execution of the project works. Specific instructions have been issued to M/s MEIL for ensuring that muck and debris generated from the construction activities are deposited exclusively at the designated much disposal sites that have been. duly handed over for this purpose, without any spillage into the river Chenab or any other water body. A copy of letter to M/s MEIL is Annexed as R4/11.
24. That the allegations made by the Applicant concerning the construction of a concrete wall along both sides of the river at Thathri Town, it is submitted that the activities and measures specified in the R&R Plan shall be implemented in full compliance with the approved guidelines. The implementation of the R&R Plan, including the disbursement of benefits, will be O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
62overseen and executed through the Commissioner of R&R for the Ratle HE Project, who holds the office of Deputy Commissioner, Kishtwar. Total cost of the updated R&R Package approved by GoJK vide Order dated 16.08.2024 is Rs. 120.32 Crore and the implementation of the R&R Package is under progress by missioner R&R, Ratle HE Project as mentioned above.
25. That the muck is now being temporarily stored far from the river and all construction activities are being undertaken in compliance with environmental safeguards, the water continues to flow freely in the river, there is no imminent threat posed to the aquatic life therein.
26. That the Respondent No. 04 remains committed to ensure that all construction activities are conducted in an environmentally responsible manner and in compliance with the directives of this Hon'ble Tribunal and the relevant statutory provisions.
27. That the Respondent Nos. 4 has fully complied with all applicable environmental norms and has implemented necessary measures to prevent any form of pollution. In view of these facts, the allegations made by the Applicant are entirely baseless, unfounded, and lack merit. It is therefore respectfully submitted that the petition is liable to be dismissed in its entirety."
44. In compliance of order dated 19.02.2025 response dated 16.12.2024 was filed by respondent no. 7-NHPC Ltd. vide email dated 17.12.2024. The relevant part of the response is reproduced below:-
"RESPONSE OF BEHALF OF NATIONAL HYDROELECTRIC POWER CORPORATION (NHPC LIMITED) SECTOR-33, FARIDABAD (RESPONDENT NO. 07) X X X X
3. That NHPC Limited had signed a Memorandum of Understanding (MOU) with the Jammu and Kashmir State Power Development Company Limited (JKSPDCL) on 03.11.2021 agreeing to form a Joint Venture Company for undertaking the construction of Ratle Hydroelectric Project in Chenab Valley having installation capacity 850 MW. A copy of memorandum of Understanding dated 03.01.2021 is enclosed as Annexure R-7/1
4. That in furtherance to the said MOU a Joint Venture Company was incorporated under Company Act 2013 having registered office at Room 08, Block -02, NHPC, Regional Office, Jammu and Kashmir, JDA Commercial Complex Plot No.1, Narwal, Jammu, Union Territory. According to the shareholding answering Respondent is having 51% of total share and JKSPDCL have 49% of shareholding in the company. The name of the Joint Venture Company is Ratle Hydroelectric Project Corporation Limited (RHPCL). A copy of the Certificate of Incorporation is annexed as Annexure R-7/2. O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.63
5. That the RHPCL has awarded the contract on EPC mode to M/s Megha Engineering and Infrastructure Limited (MEIL) on 18.01.2022 and the RHPCL is the Sole company who is the owner of the project and responsible for implementation of the contract entered with MEIL. NHPC the answering Respondent has no role for the implementation of the contract agreement dated 11.04.2022 with M/s MEIL.
6. That in view of the above factual position it is submitted that the present lis can be decided without the presence of NHPC Limited as RHPCL has also been impleaded as Respondent No. 4 vide order dated 12.09.2024 and therefore, NHPC Limited is not necessary party for the adjudication of present application."
45. Vide order dated 19.02.2025, respondents no. 4, 5 and 7 were directed to file additional responses detailing the remedial measures taken to remedy environmental damage caused, if any, within one month.
Additional response dated 21.04.2025 filed by respondent no. 5
46. In compliance of order dated 19.02.2025 additional response dated 21.04.2025 was filed by respondent no. 5. The relevant part of additional response dated 21.04.2025 has been filed by respondent no. 5 is reproduced below:-
"ADDITIONAL RESPONSE ON BEHALF OF RESPONDENT NO. 5/ MEGHA ENGINEERING AND INFRASTRUCTURE LIMITED SUBMITTED IN COMPLIANCE OF THE ORDER DATED 19.02.2025 PASSED BY THE HON'BLE NATIONAL GREEN TRIBUNAL X X X X
2. At the outset, the answering Respondent reiterates its unwavering commitment to environmental compliance and sustainable development while executing the Ratle Hydro Electric Power Project (RHEP), a project of national importance aimed at generating 850 MW of clear energy in Kishtwar District, Union Territory of Jammu & Kashmir. The answering Respondent has consistently adhered to the conditions of the Environmental Clearance (EC) granted by the Ministry of Environment, Forest and Climate Change (MoEFCC) in 2012, as well as the directives issued by the Jammu & Kashmir Pollution Control Committee (JKPCC) and the Central Pollution Control Board (CPCB).
O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
643. This additional response builds upon the objections to the Joint Committee Report filed by the answering Respondent on 18.02.2025, wherein it was submitted that substantial remedial measures have been undertaken to address the concerns raised by the Joint Committee regarding muck management and alleged spillage into the Chenab River. The answering Respondent humbly submits that it has undertaken comprehensive remedial measures to mitigate any potential environmental damage, particularly with respect to muck management, prevention of spillage into the Chenab River, and overall environmental protection. These measures are detailed below for the kind consideration of this Hon'ble Tribunal.
DETAILED REMEDIAL MEASURES UNDERTAKEN BY
RESPONDENT NO.5/MEGHA ENGINEERING AND
INFRSTRUCTURE LIMITED.
A. Muck Management and Relocation of the Muck efforts
4. The answering Respondent has taken protective and systematic steps to manage the muck generated during the construction of the Ratle Hydro Electric Power Project, ensuring that it does not adversely impact the environment, particularly the Chenab River. As of 15.04.2025, the following measures have been implemented:
a. Relocation of Muck from Zone-1: Out of 1.86 lakh cum of muck originally deposited at Zone 1 (Right Bank of the Chenab River), the answering Respondent has successfully relocated i.e., 1.26 lakh cum to an alternative site at Joshana Village, located at 8 km away from the riverbank. This relocation was initiated in July 2024 to prevent any potential spillage into the river, as submitted in the objections to the Joint Committee Report. The remaining 0.60 lakh cum is now well protected against spillage into the river through the construction of protective crate walls and other stabilization measures, as detailed in para 5(a) below.
Consequently, this remaining quantity does not require relocation and is likely to be recycled for the production of concrete, further promoting sustainable resource utilization within the project. b. Cessation of Dumping at Saturated Sites: Recognizing the saturation of the designated muck dumping sites due to their challenging topography, the answering Respondent ceased all dumping activities at Zone 1 by July, 2024 as well as at Zone 2 (Left Bank, Village Durga), which were 100% saturated as of 27.03.2025. This proactive step was taken to prevent any further risk of spillage into the river or surrounding areas. There is no muck dumped at Zone -3 (Right Bank, Kuligardh Nallah, Village Khori) due to the challenging topography of the said site. c. Utilization of Muck in Construction Activities: A significant portion of the muck has been reused within the project to minimize waste. Out of the 11.60 lakh cum generated till 03.02.2025, 03.10 lakh cum has been recycled by crushing and used as aggregates for concrete production, and 0.50 lakh cum has been utilized for O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
65the construction of the powerhouse ramp. Further, 3.36 lakh cum has been dumped in the designates dumping sites 1 and 2, and 3.38 lakh cum has been stacked at the dam body, to be utilized for further Project construction activities. Pursuant to para 4(a) above, the remaining 1.26 lakh cum stacked at Zone 1 has been relocated to an alternative site at Joshana Village, located at 8 km away from the riverbank. These measures demonstrate the answering Respondent's commitment to sustainable resource management, as previously submitted in the Objections to the Joint Committee Report filed by the answering Respondent. B. Construction of Protective Crate Walls to Prevent Spillage
5. To prevent any spillage of muck into the Chenab River, the answering Respondent has constructed robust protective crate walls along the riverbanks at the designated dumping sites. These measures were initiated prior to any muck dumping to ensure environmental safety.
a. Design and Construction of Crate Walls: The crate walls were designed by a qualified engineers to withstand lateral loads and were constructed to a height above the high flood level, providing additional safety against environmental hazards. The architectural drawings and design specifications of these walls were submitted as Annexure R9 in the Objections to the Joint Committee Report. Photographs of crate walls, as annexed in the Objections as Annexure R-8, and additional images as well as videos provided with this additional response, clearly depicts their structural integrity and effectiveness in retaining muck. A copy of the photographs depicting the crate walls and other constructions undertaken by the answering Respondent are herein annexed as ANNEXURE R -1.
b. Drone Footage Evidence: The answering Respondent has also provided drone footage that showcases the muck dumping sites, the protective crate walls, and other constructions designed to prevent spillage into the Chenab River. The footage demonstrates the comprehensive measures taken to stabilise the sites and safeguard the river, further corroborating the photographic evidence submitted. The drone footage clearly depicting the crate walls and other constructions are herein annexed as ANNEXURE R-2.
c. Stabilization Measures: In addition to crate walls, the answering Respondent has implemented engineering and biological measures, such as slope protection and stabilization to prevent landslides or river contamination. These measures are evident by the photograph and drone footage as annexed with this additional response.
C. Environmental Monitoring and Compliance
6. The answering Respondent has consistently monitored environmental parameters to ensure compliance with regulatory O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
66standards and to mitigate any adverse impact on the environment:
a. Water Quality Monitoring: The answering Respondent has conducted quarterly water quality testing of the Chenab River through Idma Laboratories Limited, an NABL-accredited third party testing agency. The latest report dated 25.03.2025, confirms that the water quality remains well within prescribed standards, with no adverse impact attributable to the project. Some of the Water Quality Testing Reports has already been filed by the answering Respondent with its Objections to the JC Report as Annexure R-3, and the additional Water Testing reports are herein annexed as ANNEXURE R-3(Colly).
b. Air Quality Monitoring: Regular air quality monitoring has been carried out, with the latest report dated 26.03.2025 showing that all parameters, including PM10, PM2.5, SO2, Nox, and CO2, are within the permissible limits of the National Ambient Air Quality Standards (NAAQS). Some of the Air Quality Testing Reports has already been filed by the answering Respondent with its Objections to the JC Report as Annexure R-12, and the additional Air Quality Testing reports are herein annexed as ANNEXURE R- 4(Colly). Additionally, three water tankers are deployed daily at the site for dust suppression, as acknowledged by the CPCB in its report at para 8, and the same are not being repeated herein for sake of brevity.
c. Noise Monitoring: Noise levels have been monitored regularly, with the latest report dated 25.03.2025 confirming compliance with the Noise Pollution (Regulation and Control) Rules, 2000 and the same has been filed by the answering Respondent along with the Objections to the JC Report as Annexure R-13, and the additional Noise Monitoring Test Reports are herein annexed as ANNEXURE R-5(Colly).
D. Compliance with Construction and Demolition Waste Management Rules, 2016
7. The answering Respondent has adhered to the Construction and Demolition Waste Management Rules, 2016, ensuring proper management of waste generated during construction of the project:
a. Segregation and Reuse of Waste: Concrete waste has been repurposed for constructing road barriers and gabion/crate walls, while steel and plastic waste are segregated and stored for recycling as also mentioned in para 11 of the Objections to the JC Report as filed by the answering Respondent. A detailed Waste Management Plan has been implemented which has also been filed along with the Objections to the JC Report as Annexure R-11. b. Agreement with Authorized Facility for disposal of bio-medical waste: An agreement with M/s Kashmir Health Care Systems, IGC Lasipora, Pulwama, Kashmir, has been executed for the proper disposal of bio-medical waste, ensuring compliance with environmental norms which already forms part of the record as O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.67
field by the answering Respondent along with the Objections to the JC Report as Annexure R - 11.
E. Additional Environmental Initiatives
8. The answering Respondent has undertaken additional initiatives to promote environmental sustainability:
a. World Environment Day Celebration: On 05.06.2024, the answering Respondent organized an awareness and tree plantation drive to celebrate World Environment Day, reflecting its commitment to environmental well-being. A detailed report of the same has already been filed by the answering Respondent with its Objections to the JC Report as Annexure R-6. b. Worker Welfare, Medical Facilities, Energy Conservation and Pollution Control: In furtherance of demonstrating the answering Respondent's commitment to environmental sustainability, worker well-being, and compliance with safety and environmental standards, the following measures have been implemented, as also detailed in the letter dated 28.06.2024, submitted with the subject: Reply Regarding Report on Safety Measures for Energy Conservation, Health, Control of Pollution (Air, Noise & Water) & Proper Disposal of Muck", which has been filed along with the Objections to the Joint Committee Report as Annexures R-14.
i. Worker Welfare: The RHEP employs over 1,000 workers all of whom are provided with proper meals, and, for the majority, accommodation within the project premises. A 24x7 mess facility has been established to ensure workers' nutritional needs are met. This facility operates exclusively using LPG for cooking, promoting clean energy practises and supporting worker well- being.
ii. Medical Facilities: The Project site is equipped with two fully operational medical centres, supervised by qualified medical officers, doctors, and a sufficient number of paramedical staff. These facilities operate round-the-clock to address any health emergencies or needs. Additionally, two well-equipped Basic Life Support (BLS) ambulances are available at the site to ensure timely medical assistance when required. iii. Energy Conservation: To promote sustainable practises, the answering Respondent has implemented measures to minimize environmental impact. The exclusive use of LPG-based cooking facilities in the mess prevents deforestation by eliminating the need for firewood, contributing to energy conservation and environmental protection.
iv. Pollution Control: Comprehensive pollution control measures have been instituted to ensure minimal environmental impact. A 5 km project road is actively maintained with three water tankers deployed daily for dust suppression, as acknowledged by the CPCB in its report at para 8. Regular monitoring of air, water, and noise pollution is conducted, with all parameters maintained within permissible limits, as evidenced by the air, water, and O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.68
noise quality reports dated 26.03.2025 and 25.03.2025 (annexed as ANNEXURER-3, R-4, and R-5). These measures align with the National Ambient Air Quality Standards (NAAQS) and the Noise Pollution (Regulation and Control) Rules, 2000. F. Coordination with Authorities
9. The answering Respondent has worked closely with the JKPCC, CPCB, and RHPCL to implement remedial measures and address environmental concerns:
a. Compliance with JKPCC Directives: The answering Respondent has adhered to the suggestions and directives issued by the JKPCC following its site visit on 14.10.2024, as submitted in the Objections to the JC Report at para 14, the same are not being repeated herein for sake the brevity. b. Request for Alternative Sites: The answering Respondent has also proactively sought alternative muck disposal sites from RHPCL, including the regularization of the Hasti site, to address the saturation of the approved sites. A copy of the letter No. RHEP/MEIL/D/25/01/407 dated 23.01.2025 is herein annexed as ANNEXURER-6.
10. The answering Respondent humbly submits that the remedial measures detailed above demonstrate its sincere and continuous efforts to mitigate any potential environmental damage while executing a project of such national importance. The construction of protective crate walls, relocation of muck, cessation of dumping at saturated sites, and regular environmental monitoring underscore the answering Respondent's commitment to compliance with environmental laws and the directives of this Hon'ble Tribunal.
11. The Ratle Hydro Electric Power Project is poised to deliver 850 MW of clean energy, providing free electricity to 3.1 million households and contributing to the socio-economic development of the Union Territory of Jammu & Kashmir. The project's strategic importance under the Indus Water Treaty of 1960 and its role in grid balancing for states like Rajasthan, Gujarat, Madhya Pradesh and Chhattisgarh cannot be overstated.
12. In light of the foregoing, the answering Respondent respectfully prays that this Hon'ble Tribunal may kindly take note of the remedial measures undertaken and the absence of any significant environmental damage, as evidenced by the water, air, and noise quality reports. The answering Respondent further requests that the present Original Application can be disposed of, considering the steps taken to address the concern raise by the Joint Committee and the JKPCC."
47. Vide order dated 21.07.2025, respondents no. 4 to 7 were directed to file responses/ undertaking detailing the remedial measures taken to remedy environmental damage caused, if any.
O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
69Additional response dated 20.08.2025 filed by respondent no. 4
48. Additional response dated 20.08.2025 was filed by respondent no. 4 vide email dated 10.09.2025. The relevant part of the response filed by respondent no. 4 is reproduced below:
" ADDITIONAL RESPONSE ON BEHALF OF RATLE HYDRO POWER PROJECT DRABSHALLA, DISTRICT KISHTWAR, JAMMU & KASHMIR (RESPONDENT NO. 04) IN COMPLIANCE OF THE ORDER DATED 21.07.2025 PASSED BY THE HON'BLE NATIONAL GREEN TRIBUNAL.
X X X X
2. That the present additional response is being filed by Respondent No. 4, Ratle Hydro Power Project Drabshalla, District Kishtwar, Jammu & Kashmir in compliance with the directions of this Hon'ble Tribunal vide its Order dated 21.07.2025, the respondent no.4 sought time to file additional report. The present additional response is in addition to the reply already filed on 18.02.2025. ADDITIONAL REPORT BY RATLE HYDRO POWER PROJECT, DRABSHALLA, DISTRICT KISHTWAR, JAMMU & KASHMIR (RESPONDENT NO. 04)
1. That 850MW Ratle Hydroelectric Project located in District Kishtwar of UT of J&K is being implemented by Ratle Hydroelectric Power Corporation Limited (RHPCL) which was incorporated as a joint venture on 01.06.2021 between NHPC Limited and JKSPDC. The construction of Ratle HE Project has been awarded by RHPCL to M/s Megha Engineering & Infrastructures Limited ("MEIL") under an Engineering, Procurement, and Construction ("EPC") Turnkey Contract mode on 18.01.2022. The EIA studies of the Project were conducted in 2012 and based on the findings of the studies, the EIA and EMP Reports were prepared and subsequently, the Environmental Clearance (EC) was granted to the Ratle HE Project by MoEF&CC vide letter No. J-12011/39/2010-1A-1 dated 12.12.2012. The Environment Clearance of Project has been transferred by MoEF&CC in the name of RHPCL letter No. J-12011/39/2010-IA-1 dated 27.09.2021.
2. That in compliance to the conditions stipulated in the Environmental Clearance (EC), three designated Muck disposal sites have been handed over to the Contactor which are categorically mentioned in the Contract Agreement executed with M/s Megha Engineering & Infrastructures Limited (M/s MEIL), Hyderabad, Telangana. These designated sites ensure the proper and systematic disposal of muck generated from the construction activities of the Ratle Hydroelectric Project. The details of these three designated sites are as follows:
Site 1: Right bank of river Chenab d/s of proposed Dam with approx. length 1350 m;
Site 2: Left bank of river Chenab d/s of proposed Dam with approx.length 1400 m and Site 3: Right bank of Kuligad nalla with approx. length 450 m. O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.70
Details of designated Muck disposal sites Description Area (Ha) Capacity Khasra Nos. of land (Lakh CuM) Muck Disposal site-1 14.81 12.8 mentioned site is part of (right bank of river) forest land diverted for use vide GOJK government order No. 234-FST of 2012 dated 27.04.2012 and subsequently, forest clearance transferred in favour of RHPCL vide MOEF&CC communication No, 15-01/2021-jammu dated 08.03.2022 Muck Disposal site-2 7.6 mentioned site falls under (left bank of river) 11.95 Khasra No. 2879/265/185 Min. and 293/232 Min. in village Dugga and said land acquired in 2012 by JKPDC, one of the promoters of RHPCL Muck Disposal site-3 3.82 3.4 Khasra No. 171 Min and 172 (r/b of Kuligad Nalla) Min in village Khori (land acquired in 2012 by JKPDC, one of the Promoters of RHPCL) 30.58 23.8 Total
3. That in accordance with the conditions mentioned in the Environmental Clearance (EC), a total of 24.4 lakh cubic meters of muck is projected to be generated as a result of excavation activities. Of this, approximately 50% (i.e., 12.2 lakh cubic meters) shall be utilized for construction purposes. The remaining 12.2 lakh cubic meters will be systematically disposed of at the above three designated muck disposal sites, with appropriate measures undertaken for the consolidation and stabilization of the dumped material.
4. That out of total muck generated, approximately 5.00 lakh cubic meters of muck has been utilized by Respondent No. 05, M/s MEIL for construction purposes such as coffer dam, aggregate/sand processing, retaining structures, crate works, construction of roads and Power House ramp etc. Further, approx. 1.86 Lakh cum of muck had been dumped earlier at Muck disposal site-1 (right bank) whereas approx. 0.50 Lakh cum of muck had been dumped at Muck disposal site-II (left bank). It would be relevant to mention that the portion of muck which was kept temporarily in the Dam body for the construction of coffer Dam, has been utilized for the said purpose and the unused quantity has been relocated and stacked in the Project acquired land.
O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
715. Cessation of muck dumping on the right bank: That in order to avoid any potential spillage of muck into the Chenab River, the dumping of muck on the right bank of the river is completely ceased since July 2024. The District Administration, J&K Pollution Control Committee and the MoEF&CC have already been duly informed regarding the cessation of dumping activities on the right bank.
6. Construction of crate protection walls/ retaining structures on right bank: For adequate protection of dumping site at right bank of the river (Muck Disposal Zone-1), a 6-meter-high retaining/protection wall of approx. 400 m length, has been constructed by the EPC Contractor (M/s MEIL), by using the wire crates in layers including 1 mtr high concrete base, along the entire utilized muck disposal area on the right bank of river.
7. Retrieval and relocation of muck from right bank (Zone -1):
The portion of muck inadvertently spilled on the right bank of river Chenab (Muck Disposal Zone-1) has been cleared by using the earth movers/ machinery equipments. It has been submitted by M/s MEIL that more than 80% of muck has been relocated and is temporarily stacked/stored at the alternative location within Project acquired land at Joshana and Kandini. The relocation of muck has been carried out in a phased and environmentally responsible manner, with regular monitoring. The relocated muck has been stored/ stacked at these temporary sites, in compliance with environmental regulations and in coordination with the local Authorities. As submitted by the EPC Contractor i.e. M/s MEIL, the relocated muck shall be further utilized in the construction activities associated with the Project, thereby adhering to principles of sustainable waste management and minimizing the environmental impact. Further, very small portion of muck (approx. 15%) which is safely stacked beyond the Crate walls will be recycled for further use in the Project construction works, in line with the principles of environmental safety and sustainability. In this regard, vide letter dated 01-08-2025, necessary permission has been sought from District Administration for issuance of NOC in favour of M/s MEIL for issuance of short term permit from Geology and Mining Department, J&K for utilization and processing of above mentioned balance muck in the Crusher Plants of M/s MEIL for further use in the Project works.
8. Providing of alternative site at considerable safe distance:-
That the temporary alternative site at Joshana and Kandini (within Project acquired land) has been provided by Ratle Power Project to the EPC Contractor for temporary storage/ stacking of muck. The muck is now being stored stacked at this temporary site (Joshana) which is located far away from the river i.e. approx. 8 kms, ensuring compliance with environmental safeguards.
9. That the proposal has been submitted to the J&K Pollution Control Committee (under intimation to MoEF&CC) vide communication dated 29.01.2025, for grant of permission for utilization of 14.6 Ha land (within Project acquired land), for temporary storage/stacking of the muck by the EPC Contractor- M/s MEIL Copy of the same is attached as Annexure- Al.
10. Regular site Inspections: That it is being strictly ensured that the O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
72natural flow of river course is not at all disturbed and no portion of river is encroached due to any construction activities of the Project. Further, regular site inspections are being carried out to ensure that the muck disposal sites remain free from any environmental concerns/risk
11. a) Rehabilitation of construction sites including Muck Disposal sites: That after the completion of Project works, the muck disposal sites shall be suitably rehabilitated by way of plantation and other engineering & biological measures. The Muck dumping site shall be handed over to the J&K Forest Department after their restoration including plantations etc. for which the proposal has already been submitted by Ratle Project.
12. b)Landscaping and restoration including Green Area Development at the work sites:- That Ratle Hydroelectric Project has requested the J&K Forest Department vide letter dated 03- 12-2024, for an early implementation of the safeguard measures related to restoration of the construction sites including the Green belt Development and the associated engineering & biological measures at the work sites. The biological measures and the plantation activities including Green belt development at the construction sites of the Project shall be implemented through the J&K Forest Department. Also, the Catchment Area Treatment (CAT) Plan and the Biodiversity Conservation & Management Plan of Ratle HE Project are under the stage of approval by the J&K Forest Department
13. That the periodic environmental compliance reports are being timely submitted to the Jammu & Kashmir Pollution Control Committee (J&K PCC) and MoEF&CC in accordance with the applicable statutory requirements and guidelines by answering respondent. These reports document the measures undertaken to ensure compliance with environmental norms, including the proper disposal of muck and implementation of other environmental safeguards measures. The visit of MoEF&CC Officials is being conducted regularly to ensure the compliance of recommended safeguards.
14. That the EPC Contractor-M/s MEIL, is being regularly instructed by Ratle Hydroelectric Power Corporation (RHPCL), to ensure strict adherence to the applicable environmental laws and norms during the execution of the project works. Specific instructions have been issued to M/s MEIL for ensuring that muck and debris generated from the construction activities are deposited exclusively at the designated muck disposal sites that have been duly handed over for this purpose, without any spillage into the river Chenab or any other water body.
15. That vide communication dated 28.03.2025 and 29.03.2025, the details of the remedial measures undertaken (including photographs and video file) at Project site by the EPC Contractor- M/s MEIL to mitigate any adverse environmental impact on account of disposal of muck, have been submitted to Member Secretary, J&K Pollution Control Committee for the purpose of verification of the safeguard measures undertaken at site. Copy is attached as Annexure-A2 (colly).
16. The latest compliance cum status report regarding the remedial measures taken at site by the EPC Contractor-M's MEIL, has been submitted to J&K Pollution Control Committee vide communication No. RATLE/CEO/2025/E-154 dated 18.06.2025 O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
73and RATLE/CEO/2025/L-176 dated 07.08.2025 respectively (Copy is attached as Annexure-A3 & A4). Any sort of shortcoming. if observed, shall be duly fulfilled in letter and spirit.
17. That the Ratle Hydro Power Project (Answering Respondent No. 04) remains fully committed to ensure that the muck generated from the construction activities is managed by the EPC Contractor in adherence to the applicable environmental guidelines and the Project activities do not cause any harm to the local community, properties and/or the environment.
18. That the above additional response may kindly be taken on record."
Additional response dated 18.08.2025 filed by respondent no. 5
49. In compliance of order dated 21.07.2025 additional response dated 18.08.2025 was filed by respondent no. 5. The relevant part of the additional response is reproduced below:
"ADDITIONAL RESPONSE ON BEHALF OF RESPONDENT NO. 5/ MEGHA ENGINEERING AND INFRASTRUCTURE LIMITED SUBMITTED PURSUANT TO THE COMPLIANCE VERIFICATION REPORT FILED BY JKPCC DATED 22.04.2025 AND IN COMPLIANCE OF THE ORDER DATED 21.07.2025 PASSED BY THE HON'BLE NATIONAL GREEN TRIBUNAL X X X X
2. At the outset, the Answering Respondent reiterates its unwavering commitment to the highest standards of environmental compliance and sustainable development in the execution of the Ratle Hydro Electric Power Project (RHEP), a project of national importance aimed at generating 850 MW of clean energy in Kishtwar District, Union Territory of Jammu & Kashmir. The Answering Respondent has diligently adhered to the conditions as well as the recommendations issued by the Jammu & Kashmir Pollution Control Committee (JKPCC).
3. This response builds upon the previous filings of the Answering Respondent, including its objections to the Joint Committee Report filed on 18.02.2025 and the Additional Response dated 02.05.2025.
In compliance with the Hon'ble Tribunal's Order dated 21.07.2025, which directed the Respondent Nos. 4 to 7 to file additional replies giving details on the further progress made regarding removal and proper storage of muck and other remedial measures undertaken, the Answering Respondent humbly submits the following point-wise response for the kind consideration of this Hon'ble Tribunal. A. DESIGNATED LOCATION FOR MUCK DUMPING
4. It is respectfully submitted that as the Engineering, Procurement, and Construction (EPC) Contractor, the Answering Respondent is contractually obligated to dispose of the excavated material (muck) at sites designated and provided by the Employer, Respondent No. 4 (RHPCL). The Contract Agreement identified three specific locations, namely Zone-1(on the right bank of the river Chenab, the upper side of the village Thathri, and downside of the Proposed Dam, in an approximate length of 1350 Mts., Zone-2 (on the left of river Chenab O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
74down side of the proposed Dam and lower level then the existing NH- 1B in a length of 1400 Mts, and Zone-3 (on right bank of Kullgad nalla above NH-1B in length of 450 Mts, as a designated location for muck dumping. The Answering Respondent has, at all times, operated within the confined of these contractually stipulated and designated areas for its primary dumping activities.
B. ACTUAL LOCATION WHERE THE MUCK HAS BEEN DUMPED
5. In accordance with the contract, the excavated muck was initially deposited at the designated Zone-1 (Right Bank) and Zone-2 (Left Bank) however Zone -3 could not be utilized for muck dumping due to its extreme topography. It is pertinent to mention that due to challenging topography and the saturation of these sites, the Answering Respondent proactively ceased dumping activities at Zone
- 1 in July, 2024 and at Zone-2 in March 2025 to prevent any environmental risks.
6. Subsequently, to ensure the uninterrupted progress of this time- bound project of national importance, and in light of the saturation of the primary sites, the muck was relocated and temporarily stored at three alternative locations, namely Joshana, Kandni, and Hasti. It is humbly submitted that the use of these sites is legally and environmentally sound for the following reasons:
a. Joshana (Alternative Site 1) and Kandni (Alternative Site 2):
These sites fall within the land already acquired for the project by the Employer (RHPCL). As such, being part of the project area, no separate or new approval is required for their use for temporary storage of muck that is intended for reuse within the project. b. Hasti (Alternative Site 3): The utilization of this site is pursuant to an Order passed by the District Commissioner, Kishtwar, dated 09.05.2025, which sanctioned its use for developing a landfill park under a Corporate Social Responsibility (CSR) initiative. The muck temporarily stacked here is to be used as a base/foundation for this landfill initiative, after which the developed site shall be handed over to the government. Hence, this constitutes a temporary stacking arrangement for a government-approved developmental activity.
Furthermore, for portions of land owned by private individuals, the Answering Respondent has entered into formal Lease Agreements for the temporary storage of muck. This demonstrates a responsible, balancing project needs with community development and legal propriety. Copies of the District Commissioner, Kishtwar Order dated 09.05.2025 and the Lease Agreements are herein annexed as Annexure A (Colly).
C. ACTIONS TAKEN TO REMOVE THE DUMPED MUCK
7. The Answering Respondent has undertaken extensive and large- scale efforts to remove and relocate the muck from riverbank at Zone
1. As confirmed in the compliance status letter dated 07.08.2025, more than 80% of the muck has been successfully removed and relocated to the designated alternative site at Joshana, situated approximately 8 kms away from the river. A copy of the Letter dated 07.08.2025 from MEIL to RHPCL is annexed herewith as Annexure B.
8. The progress of this substantial logistical exercise, which involved transporting the material approximately 8 kilometres away from the river, has also been meticulously tracked and communicated to the Employer (RHPCL). The progressive reduction of muck at the site is detailed in the compliance status letters issued to the Employer (RHPCL), details are reproduced as under:
O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.75
a. As of 12.12.2024, the remaining muck to be shifted was 1.26 lakh m³.
b. By 08.02.2025, this was reduced to 59,464 m³. c. As of the latest update on 12.07.2025, only 28,464 m³ of muck remains to be shifted.
Copies of the compliance status letters dated 12.12.2024, 08.02.2025, and 12.07.2025 are herein annexed as Annexure C (Colly).
9. It is submitted that the muck relocation activities had to be temporarily suspended due to the onset of the monsoon season, which poses significant safety and operational challenges in the hilly terrain. The Answering Respondent assures this Hon'ble Tribunal that the removal of the small remaining quantity will be completed at the earliest opportunity once the weather conditions permit.
D. DETAILS OF REMOVAL, STORAGE, AND REMEDIAL MEASURES UNDERTAKEN
10. The Answering Respondent has not only focused on the removal and storage of muck but has also implemented robust remedial and protective measures to safeguard the environment, specifically the River Chenab, which have rendered the previous observations of the JKPCC Report dated 22.04.2025 otiose. In response to the observations made in the compliance verification report filed by J&K PCC, the Answering Respondent has taken the following remedial measures a. Regarding Protective Crate Walls: It is reiterated that a 6-meter high retaining wall, extending approximately 400 meters, was constructed along the entire length on the dumping yard at Zone-1. This structure was engineered with a1-meter high concrete case and wire crates in layers, and was constructed well above the recorded HFL to provide adequate protection, The observation that the wall was below HFL is respectfully contested.
b. Regarding Muck Reaching the River Flow: The Answering Respondent respectfully submits that the JKPCC's observation of muck reaching the river flow upstream is a misinterpretation of the factual position. The Protective wire crate walls were, and continue to be in place at this location. The alleged damage to certain sections of the pre-existing structures/crate walls suffered some damage due to unfortunate consequence of the unforeseen and intense flash floods, an event beyond the reasonable control of the Answering Respondent. The material visible in the photographs is predominantly large, natural boulders and minor residual muck from the construction of an essential approach road, and not the result of the active direct dumping. The photographs appended to the PCC report depict an area which is designated for stone crushing activity zone, where material is stored at a considerable distance from the river. The Answering Respondent will take appropriate steps to re-strengthen the wire crates.
c. Regarding Safeguards at Alternative Sites: Contrary to the JKPCC's observations on the lack of preventive measures, the Answering Respondent submits that it has constructed extensive protective structures, as evidenced by the photographic records submitted with the compliance status letter dated 07.08.2025, robust wire crates and toe walls have been built well in advance at the Joshana and Hasti sites to ensure the complete and safe containment of all temporarily stored material and to prevent any spillage. Moreover, it is submitted that the other sites are at a safe and O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
76considerable distance from the river, possible no risk of spillage in the River Chenab.
d. Continuous Environmental Monitoring: It is most respectfully submitted that the ultimate measure of environmental impact is through objective scientific analysis. To ensure that project activities do not cause any adverse environmental impact, the Answering Respondent maintains a rigorous regime of environmental monitoring through a third party NABL-accredited laboratory. The latest test reports based on samples collected from June 2025 and reported in July 2025 confirm that there is no adverse impact on the environment attributable to the project's activities. All parameters for Ambient Air Quality, Ambient Noise Levels, and Waste Water are well within the permissible limits prescribed by the regulatory authorities. This data provides empirical evidence of the effectiveness of the pollution control measures implemented on-site. A copy of the latest test reports is annexed herewith as Annexure D (Colly) e. Holistic Pollution Control and Monitoring: The Answering Respondent has instituted a rigorous pollution control regime, including the daily deployment of three water tankers for dust suppression along a 5 km project road, a fact which is also acknowledged by CPCB. Further, stone crushers and DG sets are operated with adequate pollution control devices, and an air monitoring station is maintained at the site. f. Statutory Waste Management and Environmental Initiatives:
The Answering Respondent strictly adheres to the Construction and Demolition Waste Management Rules, 2016, implementing a comprehensive Waste Management Plan for the segregation and proper disposal of all waste streams Formal agreements are in place with authorized agencies, such as M/s Kashmir Health Care Systems for bio-medical waste, to ensure environmentally sound disposal. Furthermore, the Answering Respondent actively promotes environmental consciousness through initiatives like tree plantation drives on World Environment Day.
g. Worker Welfare and Safety: It is respectfully submitted that human resources are integral to the project, therefore, the Answering Respondent has also established extensive welfare facilities for its workforce of over 1,000 individuals. This includes providing proper meals, accommodation, and two fully operational, 24x7 medical centres supervised by qualified doctors, along with two Basic Life Support (BLS) ambulances for any emergencies.
11. In light of the foregoing submission, it is evident that the Answering Respondent has acted with due diligence and in good- faith, taking substantial and effective measures to manage muck disposed scientifically, remedy past issues, and ensure ongoing compliance with all environmental norms."
Reports filed by respondent no. 3-J&KPCC
50. Pursuant to order dated 12.09.2024 and 23.10.2024 report dated 23.11.2024 was filed by respondent no. 3-J&KPCC vide email dated 26.11.2024. The relevant part of the report filed by respondent no. 3- J&KPCC is reproduced below:-
O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.77
"Report on behalf of Jammu and Kashmir Pollution Control Committee in pursuant to Hon'ble National Green Tribunal, Order dated 12-09-2024 and 23-10-2024 in OA No. 955/2024 titled President Municipal Committee Thathri Versus Union Territory of Jammu and Kashmir."
X X X X
Action Taken by the J&K PCC:
1. Regional Director PCC, Jammu vide No. PCC/RDJ/ GGC- 20/2023/3026-29 dated 18-12-2023 directed the General Manager M/s Megha Engineering and Infrastructure Ltd for pressing into service additional water tanker to ensure pollution level under control.
i. to ensure that Air Monitoring Stations are established at Construction site/dam site power house area for maintaining the vital parameters.
ii. Removal of the dumped muck near the river. iii. Submission of quarterly SMR of air quality, water quality and noise pollution (copy enclosed as Annexure 1)
2. Regional Director, PCC Jammu issued legal notice to CEO M/s Rattle Engineering and Infrastructure Ltd. Kishtwar vide No. PCC/RDJ/GGC-20/N-1/2023/1516-18 dated 07-10-2023 for proper management of retention of muck and installation of latest technology of anti-pollution suppression of high pressure mechanical nozzle machines at 3 to 4 locations on the dust emitting points. (Copy enclosed as Annexure 2).
3. Regional Director, PCC, Jammu issued legal notice to CEO M/s Rattle Engineering and Infrastructure Ltd. Kishtwar vide No. PCC/RDJ/GGC-20/N-1/2023/3244-46 dated 29-02-2024 for dumping of muck generated from the various constructions activities of the project into the catchment area of Chenab river and ensuring operation of 2 no.s of stone crushers with adequate PCDs/PCMs and 3 DG set with proper stack and consent. (Copy enclosed as Annexure 3).
4. Regional Director, PCC, Jammu issued legal notice to CEO M/s Rattle Engineering and Infrastructure Ltd. Kishtwar vide No. PCC/RDJ/GGC-20/N-1/2024/1104-1109 dated 26-09- 2024 to prevent muck dumping near TRT on the right bank (downstream going into river Chenab in violation of environmental laws. (Copy enclosed as Annexure 4).
5. The J&K PCC constituted a committee of officers of J&K PCC for conducting ground assessment of dust pollution and noise pollution caused in Tehsil Drabshalla, District Kishtwar as a result of blasting and other construction activities carried out by M/s Megha Engineering and Infrastructure Ltd in Rattle Hydro Electric Project vide order No. JKPCC/PS/MS/2024/3411-3416 dated 20-06-2024 and the Joint committee submitted its report vide No. PCC/DO/K/24/74-75 dated 10-08-2024 (Copy enclosed as Annexure 5).
6. Pursuant to the aforesaid report and recommendations of joint committee, a show cause notice for violation of environmental (Protection) Act 1986, by the MEIL was issued to the Chief Executive Officer, Megga Engineering and Infrastructure Limited to show cause within 15 days as to why legal action as warranted under Environment (Protection) Act 1986 should not be taken against the company vide No. O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.78
PCC/LSJ/7565667/2024/2581-2585 dated14-11-2024 (Copy enclosed as Annexure 6).
7. Taking cognizance of the report of joint committee constituted by the Hon'ble NGT and J&K PCC, a 3 members committee has been constituted for assessing and computing environmental compensation leviable after ascertaining the period and quantum of violations and furnish report within 15 days vide order No. JKPCC/PS/MS/24/4034-37 dated 23-11-2024. (Copy enclosed as Annexure 7).
Based upon the reports about the assessment and computation of environmental compensation and recommendations by the joint committee. Further necessary action in terms of environmental protection laws will be taken against the defaulting agencies in a time bound manner. Prayer:
In the premises, it is therefore respectfully prayed that the report may kindly be taken on record before the Hon'ble National Green Tribunal for consideration."
51. Vide order dated 19.02.2025 J&KPCC was directed to verify compliance status and file its compliance status verification report regarding additional responses filed by respondents no. 4 to 7 mentioning in detail remedial measures taken for remedying the environmental damage caused.
52. In compliance of order dated 19.02.2025, report dated 01.04.2025 (Pages No. 1143 to 1158 of the paper book) was filed by J&KPCC vide email dated 01.04.2025 and thereafter report dated 22.04.2025 (Pages No. 1458 to 1533 of the paper book) was filed by J&KPCC vide email dated 23.04.2025.
53. The relevant part of report dated 01.04.2025 filed by J&KPCC vide email dated 01.04.2025 is reproduced below:-
"Report on behalf of Jammu and Kashmir Pollution Control Committee pursuant to Hon'ble National Green Tribunal, order dated 19-02-2025 passed in O.A No. 955 of 2024 titled President, Municipal Committee, Thathri, Versus Union Territory of Jammu and Kashmir and Ors.
X X X X
Status Report:-
The Concerned Stakeholder, departments/agencies viz., Managing Director, M/s Rattle Hydro Power Project Drabshall, Kishtwar, Chairman, National Hydro Power Corporation (NHPC), Sector 33, Faridabad-121003, Haryana & Managing O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.79
Director, State Power Development Corporation, J&K Jammu were asked to share the updated status report in respect of remedial measures taken, if any, for further verification by the J&KPCC in terms of afore said the Hon'ble NGT, (copies of the communications enclosed). The details of the correspondence with number and dates indicated against each as under:-
Stakeholder Number & Date Annex
Departments ures
/Agencies
Managing i) JKPCC/SC/OA- 1
Director, M/s 955/2024/2278-80
Rattle Hydro dated 22-03-2025
Power Project ii) JKPCC/Sc/OA-
Drabshall, 955/2024/2325-27
Kishtwar dated 26-03-2025
National i) JKPCC/Sc/OA- 2
Chairman, Hydro 955/2024/2281 dated
Power Corporation 22-03-2025
(NHPC) ii) JKPCC/Sc/OA-
955/2024/2334-35
dated 27-03-2025
Managing i) JKPCC/SC/OA- 3
Director, State 955/2024/2282 dated
Power 22-03-2025
Development ii) JKPCC/SC/OA-
Corporation 955/2024/2332-33
dated 27-03-2025
However, the Chief Executive Officer, Ratle Hydroelectric Power Corporation Limited has submitted his reply along with some photographs vide No. RATLE/CEO/2025/L-129 dated 28-03- 2025 (Copy enclosed as Annexure-4) on the following points, which is subject to verification by the J&K PCC:
1. Retrieval and relocation of muck from right bank (Muck Disposal Site-1)
2. That the alternative sites provided to the EPC contractor are situated at a considerably safe distance from the river (approx. 6-8 kms)
3. Providing of crate protection walls/retaining wall on right bank.
4. Cessation of muck dumping on the right bank.
5. Regular Site Inspections.
6. Rehabilitation of Muck Disposal Sites.
O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
80Since, the action taken report by the Ratle Hydroelectric project has been received on 28-03-2025. The J&K PCC is in the process of conducting site verification in respect of remedial measures claimed to have been taken. After completion of verification, compliance status verification report will be submitted to the Hon'ble NGT.
Prayer:
In the premises, it is therefore respectfully prayed that the report may kindly be taken on record before the Hon'ble National Green Tribunal for consideration."
54. The relevant part of report dated 22.04.2025 filed by J&KPCC vide email dated 23.04.2025 is reproduced below:-
"Report on behalf of Jammu and Kashmir Pollution Control Committee pursuant to Hon'ble National Green Tribunal, order dated 19-02-2025 passed in O.A No. 955 of 2024 titled President, Municipal Committee, Thathri, Versus Union Territory of Jammu and Kashmir and Ors.
X X X X
Report:-
In compliance to the aforesaid directions of the Hon'ble National Green Tribunal, Principal Bench, New Delhi, dated 19-02-2025 in OA No. 955 of 2024, the report of the J&K Pollution Control Committee is submitted as under:
The J&K Pollution Control Committee constituted a three members committee comprising of the following officers with direction to visit the site and verify the compliance status of the remedial measures taken with respect to the observations pointed out by the Joint Committee in its report dated 21-11-2024 submitted to the Hon'ble NGT, New Delhi vide this office letter No. JKPCC/SCA/OA955/4872-74 dated 11-04-2025 (copy enclosed as Annexure -1).
1. Sh. S. K Tripathi, Divisional Officer, PCC Udhampur.
2. Sh. Chander Singh Kotwal, Divisional Officer, PCC, Ramban.
3. Sh. Mohan Lal Snehi, Divisional Officer, PCC, Kishtwar.
The committee after conducting site inspection and verifications status of the compliances made by the project proponent/Executing agency at the site has submitted point-wise report alongwith Photographs, vide letter No. PCC/DO(K)/25/71 dated 15-04- 2025(Copy enclosed as Annexure -2).
The highlights of the report are summarized as under:
1. No details /record has been provided by the Project Proponent to the Committee regarding the removal process including the volume or weight of muck cleared/relocated and the method used to be maintained.
O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
812. Some part of the muck deposited on the right bank downstream has been removed and shifted to village Joshana, but the target of shifting entire muck to alternate site has not been achieved. However, crate wall was found constructed below HFL.
3. Muck dumping violations at right bank of the stream has been observed with no protective measures found taken.
4. No approval for muck disposal sites has been submitted by the Project proponent and muck was found dumped at following sites without any preventive measures.
a) Site No. 1, Joshana Village near GVK Colony upside and downside.
b) Site No.2 Kandni, Upstream of dam site left bank on NH 244.
c) Site No.3, Hasti Nallah along NH 244.
Prayer:
In the premises, it is therefore respectfully prayed that the report may kindly be taken on record before the Hon'ble National Green Tribunal for consideration."
55. Vide order dated 21.07.2025 J&KPCC was directed to verify compliance status and file its compliance status verification report regarding additional responses filed in terms thereof mentioning in detail remedial measures taken for remedying the environmental damage caused.
56. In compliance of order dated 21.07.2025, report dated 20.08.2025 was filed by respondent no. 3-J&KPCC. The relevant part of the report is reproduced below:
"Report on behalf of Jammu and Kashmir Pollution Control Committee pursuant to Hon'ble National Green Tribunal Order dated 21-07-2025 passed in OA No. 955 of 2024 titled "President Municipal Committee Thathri V/s Union Territory of J&K & Ors.
X X X X
Status Report:
In compliance of the aforesaid directions of the Hon'ble National Green Tribunal Principal Bench New Delhi, dated 21-07-2025 in OA No. 955 of 2024, the report of the J&K Pollution Control Committee is submitted as under:
1. That Managing Director, Ratle Hydro Electric Power Project Drabshala, District Kishtwar, was requested to impress upon the Project proponent to take immediate remedial measures in view of the observations of the reports submitted by the three member committee constituted by J&K PCC and ensure that O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.82
deficiencies and gaps are rectified and remediated vide No. JKPCC/Sc./OA-955/2024/699-700; dated: 24-07-2025 (Copy enclosed as Annexure 1)
2. That three member joint committee constituted by J&K PCC was directed again to conduct fresh spot inspection and share an updated status report with this office vide No. JKPCC/Sc./OA-955/2024/736-73; dated: 31-07-2025 (Copy enclosed as Annexure 2)
3. General Manager (Geology), Ratle Hydro Electric Power Corporation Limited, Kishtwar have submitted compliance status/reply to the Deputy Commissioner, Kishtwar with a copy to the J&K Pollution Control Committee vide No. RATLE/GM(Geo)/2025/L-176 dated 7-8-2025 (Copy enclosed as Annexure 3).
The Highlights of the reply are briefly summarized as under:
a) Removal and relocation of the muck from Zone 1 downstream-right bank: The muck earlier lying in the proximity of river on right bank (Muck Disposal zone-1) has been removed in a systematic manner and the retrieved muck (more than 80%) has been temporarily stacked/stored within Project acquired land at village Joshana, far away from the river (approx. 8kms from river). The relocation of muck has been carried out in a phased and environmentally responsible manner, with regular monitoring. Very small portion of muck (approx. 15%) which is safely stacked beyond the Crate walls will be recycled for further use in the Project construction works, in line with the principles of environmental safety and sustainability. In this regard, M/s MEIL has already applied to District Administration for issuance of NOC for obtaining short term permit from Geology and Mining Department, J&K for utilization and processing of said muck in the Crusher Plants of Project for further use in the Project works.
b) As already submitted in the compliance report, the relocated muck is now being temporarily stacked/stored at alternative locations within the Project acquired land, far away from the river. The necessary preventive measures in the form of crate walls, toe walls etc. have been implemented and the same are also being strengthened at all relevant locations, including:
i. Village Joshana near GVK Colony (Upstream and Downstream) ii. Hasti Nallah Site.
These measures include installation of toe walls, crate works etc. Photographs evidence showing the current status of these interventions is enclosed herewith for your perusal.
c) No fresh muck dumping is being carried out at Zone 1 Downstream.
d) The Joshana dumping site has been adequately secured with wire crates to prevent erosion and spillage.
O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
83e) At the Hasti dumping site, muck is currently being dumped at a minimum distance of 100 meters from the river, appropriate wire crate protection will be installed once the muck reached a proximity of 40 meters from the river.
4. The three member joint committee constituted by J&K PCC conducted site inspection afresh and have submitted a report vide No. JKPCC/DO/K/25/165 dated 18-08-2025 (Copy enclosed as Annexure 4).
The highlights of the report are briefly summarized as under:-
a) The Committee has observed that removal of muck from Zone-l has been going and is being relocated to village Joshana.
b) The claim of the company on recycling of remaining muck at Zone-I will be subject to permission of the District Administration Kishtwar and subsequent permit to be issued by the Department of Geology and Mining, J&K. The crate walls were already constructed by the Megha Engineering and Infrastructure Limited at Zone-I (Right Bank Downstream).
c) It was observed on the ground that preventive measure in terms of Crate/Toe walls around stacked muck near GVK Colony (Dumping site-1) Village Joshana has been initiated by the Contractor. Same action is required at dumping site-II down side GVK Colony in terms of passage to the natural Nallah and strengthening of Crate/Toe wall around dumped muck.
d) It was found that Megha Engineering and Infrastructure Limited has initiated the construction of concrete drainage to the Hasti Nallah for providing passage to natural drain which was blocked due to muck stacking.
e) As claimed by the MEIL and also observed by the Committee during inspection no fresh dumping of muck was noticed at Zone-l.
Prayer:
In the premises, it is therefore respectfully prayed that the report may kindly be taken on record before the Hon'ble National Green Tribunal for consideration."
57. As per condition no. 5 in Part A: Specific Condition in EC No J-
12011/39/2010-IA-1 dated 12.12.2012, consolidation and compilation of muck was to be carried out only in the designated muck dumping site as submitted in the EIA/EMP Report. As per the proposed muck disposal plan, out of 24.4 lakh m3 of muck to be generated due to excavation, about 50% i.e.,12.2 lakh m3 will be utilized for construction purpose and the remaining O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
8412.2 lakh m3 will be dumped at the 3 designated areas in an allocated area of 30.59 ha.
58. Respondent no. 5-MEIL has submitted that with inclusion of extra efforts both mechanically and financially, a total of approximately 11.60 lakh cum of muck was managed during the first phase of the project-
6.10 lakh cum from underground works and 5.50 lakh cum from surface works. Through systematic disposal and processing, 3.36 lakh cum was dumped at designated sites (1.86 lakh cum in Zone-I, 1.50 lakh cum in Zone-II, and none in Zone-III), while 3.10 lakh cum was refined and reused as aggregates for concrete production. Further, 1.26 lakh cum from Zone-I was reallocated to GVK Colony near Joshana, 3.38 lakh cum remains within the dam body, and 0.50 lakh cum was utilized for the construction of the power house ramp.
59. In its response dated 03.10.2024 and also additional responses filed thereafter, respondent no. 5-MEIL has assured that 100% of the muck dumped anywhere during the course of the project, will be reused and effectively utilized by respondent no. 5-MEIL in the project itself in a manner that poses no harm to the environment.
60. Respondent no. 5-MEIL has submitted that comprehensive remedial measures have been undertaken to address the concerns raised by the Joint Committee regarding muck management and alleged spillage into the Chenab River for mitigating any potential environmental damage, particularly with respect to muck management, prevention of spillage into the Chenab River, and overall environmental protection. In accordance with the contract, the excavated muck was initially deposited at the designated Zone 1 (Right Bank) and Zone 2 (Left Bank) however Zone -3 could not be utilized for muck dumping due to its extreme topography. Respondent No. O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
855-MEIL ceased all dumping activities at Zone 1 by July, 2024 and at Zone 2 (Left Bank, Village Durga) by March 2025 due to the same being 100% saturated as of 27.03.2025. Respondent no. 5-MEIL relocated i.e., 1.26 lakh cum to an alternative site at Joshana Village, located at 8 km away from the riverbank and claimed that remaining 0.60 lakh cum is now well protected against spillage into the river through the construction of protective crate walls.
61. Respondent no. 5-MEIL relocated the muck and temporarily stored the muck at three alternative locations, namely Joshana, Kandni, and Hasti which are stated to be legally and environmentally sound as Joshana (Alternative Site 1) and Kandni (Alternative Site 2) fall within the land already acquired for the project by RHPCL. Respondent no. 5-MEIL has submitted that as of the latest update on 12.07.2025, only 28,464 m² of muck remains to be shifted.
62. In report dated 20.08.2025 J&KPCC has filed verification report mentioning that majority of muck deposited on the Right Bank Zone-1 downstream has been removed and shifted to the village Joshana and work of shifting still going on till date and that no fresh dumping is being done at Zone-1 site (Photographs enclosed). J&KPCC also visited the muck shifting sites at village Joshana near GVK colony (up and downside) and found that preventive measures in the shape of crate wall/toe walls raised by the EPC Contractor (Megha Engineering and Infrastructure Limited) were not sufficient and required more strengthening. However as per Project Proponent (Ratle Hydroelectric Power Corporation Ltd.) these sites are used as temporary stacking sites for muck and all stored muck will be reused in the construction work of the project in phased manner. J&KPCC has also mentioned that the Project proponent has been directed by Deputy O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
86Commissioner Kishtwar vide Order No. DCK/PS/2025/121; dated:
09.05.2025 to develop a land fill Hasti Park under Corporate Social Responsibility (CSR) by dumping the muck in the low-lying area and maintain same in the interest of public. J&KPCC has also mentioned that respondent no. 5-MEIL has initiated the construction of concrete drainage to the Hasti Nallah for giving passage to natural drain.
63. J&KPCC has also mentioned that with reference to the issues raised in the MoEF & CC, Sub-Office, Jammu letter dated August 2025, the Project Proponent (PP) has submitted fresh compliance report vide no.
Ratle/CEO/2025/E-194; dated: 04.10.2025. As per compliance report, the proposals for the implementation of various compliances have been approved by the competent authorities.
Directions by the Tribunal
64. In view of the above discussed facts and circumstances of the case and relevant statutory provisions and environmental norms, the present original application is disposed of with the following directions:
(i) That respondents no. 4 and 5 shall reuse the excavated muck and relocate the excess muck as per approved Environment Management Plan and environmental norms;
(ii) That such relocation of the excess muck shall be at the sites duly approved by the competent authorities and the competent authorities shall ensure that excess muck is not relocated and dumped at some other place in violation of the environmental laws/norms;
(iii) That respondents no. 4-RHPP and 5-MEIL may explore possibility of utilizing mucks/debris for levelling of low-lying areas and its use O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.87
wherever feasible for Biodiversity Park/Forest Park in consultation with the Forest Department and respondents no. 4-RHPP and 5-MEIL may work out modalities in association with Forest Department on this aspect. The Success Story related to utilization of mucks/debris generated due to the construction of Kishanganga Power Project in Bandipura district of U.T. of Jammu and Kashmir in developing Forest park/Biodiversity Park may be explored for replication. The expenditure to be incurred in developing Biodiversity Park/Forest park will be borne by respondent no.5-MEIL.
(iv) That respondents no. 4-RHPP and 5-MEIL shall, in consultation with Municipal Committee, Thathri, respondents no. 1-GoJ&K, 2- MOEF&CC to 3-J&KPCC and such Committee of Experts as may be constituted by respondent no. 2-MOEF&CC, prepare and execute action plan for restoration/rejuvenation and remediation of the environmental damage caused to the riverine ecology;
(v) That the cost of restoration/rejuvenation of downstream riverine ecology and remediation of the environmental damage caused may be assessed by the Committee of Experts constituted by respondent no. 2- MOEF&CC preferably within three months;
(vi) That respondent no. 5-MEIL shall also be liable to pay the costs so assessed by the Committee of Experts for restoration/rejuvenation of downstream riverine ecology and remediation of the environmental damage caused; and
(vii) That the Expert Committee constituted in compliance of this judgment shall monitor the progress related to the remediation of the environmental damage and file Quarterly Action Taken Reports with O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
88pen-drives containing supporting video recordings with its observations/recommendations before learned Registrar General of this Tribunal who shall place the report before the Bench by registering the same as Miscellaneous Application for consideration and passing of such orders as may be considered appropriate.
(viii) Respondent no. 4 and 5 are directed to maintain detailed records of the removal process, including the volume or weight of muck cleared, the disposal locations sites, and the methods used and to submit the same as and when demanded by concerned authorities including Regional Officer, MoEF & CC, Chandigarh, CPCB and J&KPCC for inspection.
(ix) Respondent no. 5 is also directed to ensure that the remaining muck deposited along the banks of the River Chenab is promptly removed to prevent it from entering the river during the rainy season and used in terms of the assurance given by respondent no. 5-MEIL in its responses.
(x) The MoEF & CC and J&K PCC may take appropriate action regarding violations of the environmental clearance conditions stipulated by the MoEF & CC and CTO conditions imposed by J&KPCC in terms of legal notices and show cause notices already issued.
(xi) Respondents no. 4 and 5 shall obtain approval from District Magistrate and J&KPCC for temporary muck disposal at the designated sites in accordance with law.
(xii) J&K PCC is directed to ensure regular monitoring of the compliance of Environmental clearance, CTE and CTO conditions. O.A. No. 955/2024 President Municipal Committee Thathri Vs. State of J&K & Ors.
8965. The applicant may move this Tribunal by way of appropriate proceedings in the eventuality of non-compliance of this order or any further grievance involving substantial environmental question.
66. A copy of this judgment may be sent to the applicant by post for information and by e-mail to the respondents for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM February 12th, 2026 ag