National Green Tribunal
Kushal Gupta vs State Of Himachal Pradesh Through ... on 28 January, 2026
Item No. 29 Court No. 1
BEFORE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 383/2024
(I.A. No. 181/2024)
Kushal Gupta Applicant
Versus
State of Himachal Pradesh & Ors. Respondent(s)
Date of completion of hearing and reserving of order: 08.01.2026
Date of pronouncement of order: 28.01.2026
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Appellant: Mr. Rana Sandeep Bussa & Ms. Divya Tomar, Advs.
Respondents: Mr. Vaibhav Srivastava, AAG for R - 6
Ms. Priya Pachouri, Adv. for R - 4 (Through VC)
ORDER
1. By this original application, the Applicant has prayed for the imposition of environmental compensation and damages upon Respondents No. 2 and 3 for causing environmental damage by not complying with the Guidelines of the Central Pollution Control Board (CPCB) on construction and demolition waste and also violating the provisions of the Water (Prevention and Control of Pollution) Act, 1974 and the Environment (Protection) Rules. The Applicant is claiming compensation for the damage caused to his trout fish farm due to the alleged violation by the Respondent No. 3.
2. The case of the Applicant is that he had started a trout fish farm by the name of "Himalayan Trout Fish Farm" at Village and Post Office Haripur, District Kullu, Himachal Pradesh. This fish farm is situated downstream of the Haripur Nallah at the distance of 50 meters from the 1 Haripur Kullu, Manali left Bank Road. The Applicant is stated to have annual turnover of Rs. 50 to 60 lakhs. The Applicant has also pleaded that he had undergone the requisite training programme for trout fish farming. Case of the Applicant is that for the purpose of the trout fish farm, the Applicant is using nearby creek from where water flowing downstream is fed into the tanks with gravity and eventually returned to the creek giving natural fresh water habitat for trout fish farm with balanced pH level and dissolved oxygen to the species dwelling in the farm.
3. The grievance of the Applicant arose on account of the damage caused to his trout fish farm during the construction of new bridge on Kullu Manali left bank road at place Haripur Nallah adjacent to the old bridge. The Respondent No. 2 had entered into a contract with the Respondent No. 3 for construction of R.C.C. T-Beam bridge of 15.75 mtr. span alongside old bridge over Haripur Nallah under (CRF). The said construction of the bridge was at the distance of 50 meters from the Applicant's trout fish farm from where the water flows downstream towards the trout fish farm of the Applicant. The Applicant apprehending the danger had sent the legal notice dated 15.05.2018 to the Respondents No. 2 and 3 about the likely disaster which could occur to the Applicant's trout fish farm due to dumping and release of debris, muck and excavated sand, cement and other chemicals dig out and used for the purpose of excavation and construction of the bridge. The Applicant had requested to avoid any dumping or release of any kind of debris, muck, etc. in the stream/Haripur Nallah which could pollute the water of the stream causing death of fishes and damage to eggs.
4. The Deputy Commissioner, Kullu, on receipt of legal notice, had also sent the communication dated 01.06.2018 to the Respondent No. 2 to act in accordance with law.
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5. The case of the Applicant is that inspite of the prior intimation, the Respondents No. 2 and 3 did not take adequate measures and had acted in a reckless manner causing silt, soil, cement, muck and other debris to flow into the Nallah which ultimately reached the trout farm of the Applicant downstream causing extensive damage to the trout farm resulting in death of the fishes and damage to their eggs. On the representation of the Applicant, the Gram Panchayat, Soyal, Village Revenue Officer, Patwar Circle, Bardhai and Deputy Director, Fisheries, Patlikuhal, District Kullu had inspected the trout fish farm of the Applicant and had ascertained the extent of damage caused. The Applicant states that the damage caused to his fish farm was also reported in various local newspapers. The Applicant had initially filed Writ Petition (C) No. 1566/2020 on 16.03.2020 before the High Court of Himachal Pradesh at Shimla seeking compensation of Rs. 47,14,000/- alongwith the interest. In that Writ Petition the Respondents No. 2 and 4 had filed the reply and rejoinder was also filed by the Applicant and by the order dated 14.09.2020 the writ petition was dismissed as withdrawn with liberty to the Applicant to file appropriate proceedings before the appropriate Court of law. Accordingly, the Applicant has filed the present OA.
6. The replies dated 11.11.2024 on behalf of the Respondent No. 6 - Himachal Pradesh State Pollution Control Board (HPSPCB), dated 09.12.2024 on behalf of the Respondents No. 5 and 7, Collector - cum - Deputy Commissioner, Kullu, dated 10.12.2024 on behalf of the Respondent No. 2 - Himachal Pradesh Public Works Department (HPPWD), dated 09.01.2025 on behalf of Respondent No. 8 - Himachal Pradesh Forest Department and dated 25.09.2025 on behalf of the Respondent No. 4 - Department of Fisheries, State of Himachal Pradesh have been filed. The Applicant has filed rejoinder to the replies of the Respondents. 3
7. The claim of the environmental compensation of Rs. 47,14,000/- raised by the Applicant has been opposed by Counsel for the Respondents. Learned Counsel for the Respondent - HPPWD has opposed the claim as barred by time.
8. With consent, we have heard learned Counsel for the parties at length and perused the record.
Maintainability of Claim:
9. This OA has been filed under section 15 read with section 14 of the National Green Tribunal Act, 2010. Section 15 empowers the Tribunal to grant relief and compensation to the victims of pollution and other environmental damage arising under the enactments specified in Schedule-I. Section 15 of the NGT Act is quoted below for ready reference:
"Section 15. Relief, compensation and restitution.
(1) The Tribunal may, by an order, provide,--
(a) relief and compensation to the victims of pollution and other environmental damage arising under the enactments specified in the Schedule I (including accident occurring while handling any hazardous substance);
(b) for restitution of property damaged;
(c) for restitution of the environment for such area or areas, as the Tribunal may think fit.
(2) The relief and compensation and restitution of property and environment referred to in clauses (a), (b) and (c) of sub-section (1) shall be in addition to the relief paid or payable under the Public Liability Insurance Act, 1991 (6 of 1991).
(3) No application for grant of any compensation or relief or restitution of property or environment under this section shall be entertained by the Tribunal unless it is made within a period of five years from the date on which the cause for such compensation or relief first arose:
Provided that the Tribunal may, if it is satisfied that the applicant was prevented by sufficient cause from filing the application within the said period, allow it to be filed within a further period not exceeding sixty days.
(4) The Tribunal may, having regard to the damage to public health, property and environment, divide the compensation or relief payable under separate heads specified in Schedule Il so as to provide compensation or relief to the claimants and for restitution of the damaged property or environment, as it may think fit.4
(5) Every claimant of the compensation or relief under this Act shall intimate to the Tribunal about the application filed to, or, as the case may be, compensation or relief received from, any other court or authority."
10. Section 14 of the NGT Act empowers the Tribunal to settle the civil disputes involving substantial question relating to environment.
11. Water (Prevention and Control of Pollution) Act, 1974 is one of the Acts which is included in Schedule-I of the NGT Act. The allegation of the Applicant is that the provisions of sub-section 1(a) and (b) of Section 24 of the Water Act have been violated. The section 24 of the Water Act prohibits use of stream or well for disposal of polluting matters, etc. Sub-section 1(a) and (b) of Section 24 of the Water Act is quoted below for ready reference:
"24. Prohibition on use of stream or well for disposal of polluting matter, etc. (1) Subject to the provisions of this section,-
(a) no person shall knowingly cause or permit any poisonous, noxious or polluting matter determined in accordance with such standards as may be laid down by the State Board to enter (whether directly or indirectly) into any [stream or well or sewer or on land]; or
(b) no person shall knowingly cause or permit to enter into any stream any other matter which may tend, either directly or in combination with similar matters, to impede the proper flow of the water of the stream in a manner leading or likely to lead to a substantial aggravation of pollution due to other causes or of its consequences."
12. The Applicant has alleged that the above provision has been violated by the Respondents No. 2 and 3 by discharging muck and dumping debris in the stream/Haripur Nallah resulting in the damage to the fish farm of the Applicant at the downstream.
13. The Tribunal also earlier in the order dated 19.08.2016 in OA No. 03/2014 in the matter of Srinagar Bandh Aapda Sangharsh Samiti & Anr. v. Alaknanda Hydro Power Co. Ltd. & Ors. and in the order dated 27.02.2015 passed in OA No.19/2013(WZ) in the matter of Ramdas Janardan Koli v. Secretary, MoEF&CC & Ors. has awarded compensation to the individuals who had suffered environmental damages. Hence, the claim 5 of the Applicant is maintainable before the Tribunal and it needs to be examined if on account of any environmental damage caused by the Respondents No. 2 and 3, the Applicant is entitled to the environmental damage compensation.
Limitation:
14. Counsel for the Respondents No. 2 and 3 has raised an objection that the OA is barred by time. The Applicant has claimed compensation under section 15 of the NGT Act. In terms of the sub-section 3 of section 15, the application for grant of compensation or relief or restitution of property or environment is required to be filed within five years from the date on which the cause for such compensation or relief first arose.
15. The plea of the Counsel for the Respondents No. 2 and 3 is that the cause of action first arose when the Applicant had given the legal notice dated 15.05.2018. The legal notice was given as a caution before the commencement of construction of bridge was proposed, therefore, on that date the cause of action did not arise. The cause of action in fact subsequently arose when the construction started and the muck and debris were thrown by the Respondents No. 2 and 3 in the stream/Haripur Nallah. Even if we assume the starting point of limitation as 15.05.2018, the Applicant had filed the Writ Petition (C) No. 1566/2020 before the High Court of Himachal Pradesh at Shimla on 16.03.2020 seeking compensation which was withdrawn by the order dated 14.09.2020 with liberty to file fresh appropriate proceedings before the appropriate Court of law.
Therefore, the Applicant is entitled to exclusion of the period when he was prosecuting the remedy before the High Court of Himachal Pradesh. The Applicant is further entitled for exclusion of the covid period from 15.03.2020 till 28.02.2022 in view of the order of the Hon'ble Supreme Court dated 10.01.2022 passed in Misc. Application No. 21/2022 in Misc. Application No. 665/2021 in Suo motu Writ Petition (C) No. 3/2020 in Re: 6
Cognizance for Extension of Limitation. This OA has been filed on 04.04.2024. Therefore, excluding the period when the Applicant was prosecuting his remedy before the High Court of Himachal Pradesh and also excluding the covid period in view of the order of the Hon'ble Supreme Court noted above, the present application has been filed within five years from the date when the cause of action arose. Thus, the objection relating to limitation is rejected.
Proof of Damages:
16. In order to claim the environmental damage compensation, the Applicant is required to establish that his traut fish farm had suffered the damage on account of the violation of environment norms by the Respondents No. 2 and 3. Section 24 of the Water Act does not permit the Respondents No. 2 and 3 to discharge the muck, debris, etc. in the Haripur Nallah which is undisputedly a stream.
17. The Applicant had moved with caution and apprehending such a discharge of muck, debris, etc. in the process of construction of the bridge he had given the advance legal notice dated 15.05.2018 appraising the Respondents No. 2 and 3 about the damage that could be caused to the Applicant's traut fish farm in discharging debris, muck, excavated sand, cement and other chemical used for the purpose of excavation and construction of bridge in Haripur Nallah, the water of which was used by the Applicant at the downstream nearly 50 meters away for traut fish farming.
18. The Respondent No. 2 in its reply to the OA dated 10.12.2024 has relied upon the clause nos. 12, 13 and 19 of the Contract dated 22.12.2017 entered into it by Respondent No. 3 fixing responsibility upon the Respondent No. 3 - Contractor if any loss is caused or damage to the property. The further plea of the Respondent No. 2 in the reply to the OA 7 dated 10.12.2024 is that it had directed the Respondent No. 3 time and again to take requisite measures to avoid any damage to the traut fish farm of the Applicant and property of any other land owner. Meaning thereby, the Respondent No. 2 was also aware of the fact that there was possibility of damage to the traut fish farm of the Applicant in the course of construction. Paragraph 14 of the reply of Respondent No. 2 in this regard states as under:
"xxx .........................................xxx..........................................xxx
14. That para-No. 14 of the application pertains to communication made with various authorities. However, it is submitted that the replying Respondent had directed Respondent No. 3 time and again to take requisite measures to avoid any damage to trout farm of the applicant and property of any other land owners. The loss if any caused to the applicant is not because of any act or omission of the replying Respondent. The Respondent No. 2 had already provided a designated dumping site for handling and disposal of the muck scientifically to the Respondent No. 3 herein. Therefore, the concern raised by the Pollution Control Board was taken into account by the Respondent No. 2 herein."
19. Thus, it is clear that there was apprehension of causing damage to the traut fish farm of the Applicant in the construction of the bridge in question for which advance notice was given by the Applicant to the Respondents No. 2 and 3.
20. The traut fish farm of the Applicant admittedly is situated about 50 meters away from the site of construction at the downstream of the Haripur Nallah. The plea of the Applicant that he is using the water from the creek flowing downstream to feed the tanks with gravity giving natural fresh water habitat for traut fish farm has not been disputed nor any contrary material has been produced.
21. The case of the Applicant is that adequate measures were not taken by the Respondents No. 2 and 3 during the construction work of the bridge and acting recklessly. They had discharged silt, soil, cement and muck and other debris in the Haripur Nallah which ultimately reached the traut fish farm of the Applicant downstream resulting in death of fishes and damage 8 to the eggs. The incident had taken place in the month of December 2018 and the Applicant had made the complaint to the Police and the Police Post Patlikuhal had recorded the general diary report on 29.12.2018. The Applicant had lodged another complaint on 10.03.2019 and second general diary report dated 10.03.2019 was registered at Police Station, Manali District Kullu. The copies of these reports have been filed as Annexure-P5 (colly) which have not been disputed by the respondents. The Applicant has also placed on record the photographs from page 44 onwards.
22. The complaint made by the Applicant to the Deputy Commissioner, Kullu was forwarded to the SDO, Manali and Deputy Director of Fisheries, Patlikuhal, District Kullu vide communication dated 22.03.2018 (page 57 of the paper book). Another complaint was forwarded by the communication dated 16.03.2019 (page 58 of the paper book) by the Divisional Forest Officer, Kullu Forest Division, Kullu to the Himachal Pradesh Forest Department, Kullu Forest Division to inquire into the matter and take appropriate action as per the provisions of law and to submit action taken/inquiry report.
23. The RO, HPSPCB, Kullu also vide communication dated 20.03.2019 (page 59 of the paper book) had directed the Superintending Engineer, Public Work Department (PWD), Kullu to take appropriate action against the polluter/violator Respondent No. 3 herein. He also directed the Respondent No. 2 to prepare Environment Management Plan regarding generation, handling and disposal of muck scientifically before awarding the construction work. The communication sent by the RO, HPSPCB to the Respondent No. 2 on 20.03.2019 was as under:
"H.P. STATE POLLUTION CONTROL BOARD Regional Office: HIMUDA Shopping Complex, Hall No-5, Beasa Moar, Kullu, Tehsil & Distt-Kullu-175101 (H.P), Phone No: 01902-223149 Website: http://hppcb.nic.in e-mail: [email protected] 9 No. PCB/RO Kullu/complaint file (7)/2019-4910-12 Date -20.03.2019 To The Superintending Engineer, Public Work Department (PWD), Kullu, Distt. Kullu 175101 (HP).
Subject: Public Complaint regarding muck dumping on Haripur Nala (Pakhnoj Nalah).
Sir, This office has received a public complaint regarding above cited subject from Sh. Kushal S/o Sh. Mohan Lal r/o village and P.O. Haripur, Tehsil-Manali, Distt. Kullu H. P. and the item is also published in the newspaper (copy enclosed).
In this context, you are requested to take the appropriate action against the polluter/violator as mentioned in the public complaint i.e. KK Mahajan construction company immediately under the intimation to this office.
You are further requested to before award construction work to any company or by itself, it is requested to prepare an Environment Management Plan regarding generation, handling & disposal of muck scientifically at approved designated dumping sites. So that such type of public complaints/issues can be controlled/redressed.
Submitted for favor of kind information and further necessary action, please.
Yours faithfully, Encl: As Above (3 page) (Er. Pradeep Moudgil) Regional Officer H. P State Pollution Control Board, Kullu Ph. No-01902-223149 Copy to:-
1. The Member Secretary, HPSPCB, Shimla for favor of kind information, please.
2. Sh. Kushal S/o Sh. Mohan Lal, R/o Village and P.O. Haripur, Tehsil-
Manali, Distt. Kullu H.P for information, please.
(Er. Pradeep Moudgil) Regional Officer H. P State Pollution Control Board, Kullu Ph. No-01902-223149"
24. No such material has been produced by the Respondent No. 2 showing that in terms of the direction of the RO, HPSPCB, Kullu any Environment Management Plan was prepared.
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25. On the complaint made by the Applicant, the Gram Panchayat, Soyal had formed a Committee on 11.03.2019 which had inspected the traut fish farm of the Applicant and prepared the report dated 19.03.2019 stating that on spot inspection the Committee had found large number of fishes and eggs dead in the farm. The original Hindi version of the report of the Committee of the Gram Panchayat and its English translation is as under:
Hindi Version of the Report:"ANNEXURE NO. 8
मौका रिपोर्ट आज दिनाांक 11-03-2019 को कुशाल गुप्ता सपुत्र श्री मोहन लाल गुप्ता ननवासी हरिपुि द्वािा ग्राम पांचायत सोयल में अजी िी है दक प्रार्थी िव ू ािा चलाई जा िही दहमालयन ट्राउर् दिश िामट हरिपुि है । दह० प्र० लोक ननमाटण ववभाग िव ू ािा पखनोज नाले में पुल का ननमाटण दकया जा िहा है व खुिाई िव ू ािा ननकला हुआ मलवा सीधे तौि पि नाले में बहाया जा िहा है जजस कािण पानी प्रिवू ित होने से दहमालयन ट्राउर् दिश िामट में मछनलयों व है चिी में अांडे भािी मात्रा में मि गये हैं व अभी भी भािी सांख्या में मि िहे हैं ।
इस सन्िभट में ग्राम पांचायत द्वािा एक कमेर्ी का गठन दकया गया। कमेर्ी में ननम्न सिस्यों का चयन दकया गया।
1 श्री लाल चन्ि उप प्रधान 2 श्री हे म िाज चौहान वाडट सिस्य 3 श्री िाम िास वाडट सिस्य 4 श्रीमती चूडामजण वाडट सिस्या 5 श्रीमती शनशकला वाडट सिस्या श्री लाल चन्ि को सवटसम्मनत से कमेर्ी का अध्यक्ष चुना गया। जजनकी अध्यक्षता में कमेर्ी के सभी सिस्यों ने दहमालयन ट्राउर् दिश िामट का मौका दकया औि मौके पि कमेर्ी ने पाया दक भािी मात्रा में मछनलयों व प्रजनन हे तु िखे अन्डे मृत पाये गये ।
कमेर्ी सिस्यों के हस्ताक्षि"
English translation of the Report:"ANNEXURE NO. 8
"Spot Report Today, On March 11, 2019, Kushal Gupta, son of Shri Mohan Lal Gupta, a resident of Haripur, submitted an application to the Gram Panchayat (Village Council) of Soyal stating that he operates the Himalayan Trout Fish Farm in Haripur. The Himachal Pradesh Public Works Department is constructing a bridge over the Pakhanj 11 stream, and the excavated debris is being directly dumped into the stream. This has caused water pollution, resulting in the death of a large number of fish and eggs in the Himalayan Trout Fish Farm and hatchery, and more are continuing to die.
In this regard a committee was formed by the Gram Panchayat. The following members were selected for the committee.
1. Shre Lal Chand Deputy Chief 2. Mr. Hem Raj Chauhan Ward Member
3. Shri Ram Das Ward Member 4. Smt. Choodamani Ward Member
5. Mrs. Sasikala Ward Member Mr. Lal Chand was unanimously elected as the chairman of the committee. Under his chairmanship, all the committee members visited the Himalayan Trout Fish Farm, where they found that a large number of fish and eggs kept for breeding were dead.
Signatures of committee members"
26. On the complaint of the Applicant, the Village Revenue Officer, Patwar Circle, Bardhai had also prepared the report finding the death of the fishes and destruction of eggs on account of the debris thrown in the drain resulting in water pollution in the drain. The original Hindi version and English translation of the said report is as under:
Hindi Version of the Report:"ANNEXURE NO. 9
रिपोर्ट नुकसान आज दिनाांक 12/03/2019 को खुशाल गुप्ता पुत्र मोहन लाल गुप्ता सार्थ महाल हिीपुि घार्ी सोमल कोठी बिसाई तहसील मनाली जजला कुल्लू दहoप्रo पर्वाि घि में हाजजि आकि काम दकया दक मुकाम हिीपुि में H.P.P.W.D. के द्वािा पुल का ननमाटण कायट चला हुआ है जजसके चलते नाले के पानी में नमट्र्ी/ गाि आ िही है जजससे खुशाल गुप्ता उपिोक्त के मछली प्रजनन केंद्र में िखे मछनलयों के अांडों को नुकसान हुआ है इसके अलावा भािी मात्रा में मछनलयाां भी मि गई हैं । वाि मौका के रिपोर्ट आगामी कायटवाही हे तु सेवा में प्रेवित है ।
English translation of the Report:"ANNEXURE NO. 9
Damage Report Today, on 12.03.2019, Shri Khushal Gupta, s/o Shri Mohan Lal Gupta, r/o Mahal Haripur, Ghaati Somal Kothi Barsai, Tehsil Manali, District Kullu, Himachal Pradesh, appeared at the Patwari Office and 12 submitted that bridge construction work is being carried out at Haripur by the H.P.P.W.D. Due to the said construction work, soil/silt is flowing into the stream, as a result of which damage has been caused to the fish eggs kept at the fish breeding center of the aforesaid Shri Khushal Gupta. Besides this, a large number of fish have also died.
The spot inspection report is hereby submitted for further necessary action.
ग्राम िाजस्व अनधकािी पर्वाि सकटल, बिधाई तहसील मनाली, जजला कुल्लू, (दहoप्रo)"
27. The Deputy Director, Fisheries, Patlikuhal, District Kullu had also inspected the traut fish farm of the Applicant and had assessed the damage caused and had given the report dated 16.03.2019. He had found that on account of the flowing of the soil excavated and due to the dirty and muddy water, the gills of fishes got choked due as the soil got stuck in them and the fishes could not absorb sufficient oxygen and had died. He had ascertained the extent of the destruction and death of the fishes and their eggs. The report of the Deputy Director of Fisheries, Patlikuhal, District Kullu dated 16.03.2019 in its original Hindi version with its English translation is as under:
Hindi Version of the Report:"ANNEXURE NO. 10
कमाांक र्ी.एि.पी-5-200/18-डी-505 ट्राउर् कृ वि परियोजना।
पतलीकुहल जजला कुल्लू दिनाांक 16.3.2019 प्रेवित उप ननिे शक मत्सस्य, पतलीकुहल जजला कुल्लू दह०प्र०।
प्रेवित खुशहाल गुप्ता सु० श्री मोहन लाल, गाांव व डा० हरिपुि त मनाली जजला कुल्लू दह०प्र०।
ववियः- हरिपुि पुल ननमाटण से नुक्सान हे तु।
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महोिय,
उपिोक्त वविय पि आपके पत्र सांख्या 11.03.2019 दिनाक के सांिभट में आपको सूनचत किना है दक दिनाांक 12.03.2019 को श्री अजय कुलिीप, मत्सस्य अनधकािी पतलीकूहल द्वािा आपके िामट में हुई मत्सस्यधन की मृत्सयु नुक्सान बािे ननिीक्षण किके इस कायाटलय को वास्तववक जस्र्थनत से हुए नुक्सान वािे पूणट रिपोर्ट प्रस्तुत की है जजसकी तकननकी रिपोर्ट ननम्न प्रकाि से है :-
आपके िामट की जलापूनतट के स्त्रोत हरिपुि नाले पि जो पुल का ननमाणट कायट चल िहा है इससे खुिाई से ननकली नमट्र्ी नाले से सीधे रूप से िामट को प्रवादहत होने के कािण िामट में पल िहे मत्सस्यधन की मृत्सयु हुई है , ड्राऊर् प्रजानत मछली को वबल्कुल साि पानी (Crystal clear) पानी की आवश्यकता होती है । यह मछली नगल से पानी की आक्सीजन को लेती है व जजववत िहती है गन्िा पानी या कीचड युक्त पानी आने से इस प्रजानत मछली के नगल में नमट्र्ी िांस जाने के कािण चोक हो गये र्थे व मछली पानी की आक्सीजन को पयाटप्त रूप से न लेने के कािण मिने की जस्र्थनत में आई।
अतः आपके िामट में जल आपूनतट स्त्रोत में नमर्र्ी घुलने के कािण पानी की गुणवता में प्रनतकूल बिलाव के कािण मत्सस्य धन की मृत्सयु नुक्सान की पुवि की जाती है ।
िामट में मृत मत्सस्यधन का ववविण ननम्न प्रकाि से है :-
क्रo ववविण मृत्सयु सांग्रदहत सांख्या
1 आांख वाले अण्डे 90000 200000 अण्डे
2 एजल्वन 85000 ....
3 ननिेनचत अण्डे ..... ....
4 योग 175000 200000
5 शावजनक 14 न० 200 न०
6 प्रर्थम विीय 40000 50000 न०
7 ववक्रय हे तु मत्सस्यर्थन 50000 न० 12000 न०
(महे श कुमाि),
(उप ननिे शक मत्सस्य),
पतलीकूहल जजला कुल्लू
ििू भाि:-01902-240163
ई-मेल:[email protected]"
English translation of the Report:
"ANNEXURE NO. 10
Kank T.F.P-5-200/18-D-505
Trout Farming Project
Patlikuhal District Kullu, Date 16.03.2019 Transmitted Deputy Director Fisheries 14 Patlikuhal District Kullu, H.P. Transmitted Khushal Gupta, son of Shri Mohan Lal, Village and Post Haripur, Tehsil Manali, District Kullu, Himachal Pradesh, Subject: For the damage caused due to construction of Haripur Bridge Sir, With reference to your letter dated March 11, 2019, on the above subject, we wish to inform you that on March 12, 2019, Mr. Ajay Kuldeep, Fisheries Officer, Patlikuhal, inspected your farm regarding the fish mortality and submitted a detailed report to this office. The technical report is as follows:
The construction work on the bridge over the Haripur stream, which is the water source for your farm, resulted in excavated soil directly flowing into the stream and subsequently into your farm. This caused the death of the fish being reared in the farm. Trout fish require crystal clear water. This species of fish obtains oxygen from the water through its gills and survives. Due to the influx of muddy or silted water, the gills of the fish became clogged with mud, preventing them from obtaining sufficient oxygen, leading to their death.
Therefore, the death and loss of fish in your farm are confirmed to be due to the adverse change in water quality caused by the mixing of soil in the water supply source.
The details of the dead fish in the farm are as follows:
s. Description Number of Stored number
no. Deaths
1 Eye eggs 90000 200000 eggs
2 Albian 85000 ....
3 Fertilised eggs ..... ....
4 Yog 175000 200000
5 Shavjanak 14 No. 200 No.
6 First year 40000 50000 No.
7 Fish for sale 50000 No. 12000 No.
Yours Sincerely,
(Mahesh Kumar)
Deputy Director Fisheries
Patlikuhal, District Kullu
Tel-01902-240163
[email protected]"
28. In addition to the above material, the Applicant has also placed on record the following newspaper cuttings as Annexure R-12 (colly) with the OA:
i. Punjab Kesri dated 16.03.2019,
15
ii. Divya Himachal dated 16.03.2019,
iii. Amar Ujala dated 16.03.2019,
iv. Dainik Jagaran dated 16.03.2019 and
v. The Tribune dated 18.03.2019
29. Though, these newspaper cuttings have limited evidentiary value, but they corroborate the other material which has been produced by the Applicant showing that on account of the muck dumping in the construction of the bridge on Haripur Nallah thousands of fish in the fish farm of the Applicant had died.
30. It is not the case of the respondents that these reports submitted by the Gram Panchayat, Fisheries Department or Revenue Authorities are forged or fabricated. In fact, the Fisheries Department and Revenue Departments are the Department of the State itself. The Respondents have also not produced any material to show that such a large number of fishes could have died for any other reason. The Respondent No. 2 in its reply has admitted that the construction activity period of Haripur bridge was from December 2018 till January 2022. The Applicant had suffered the damage during this period only. The respondents in their reply had taken the plea that the destruction on account of the flash floods which occurred in the year 2023, but the material which has been placed on record as noted above clearly reflect that the Applicant is claiming compensation for the act of the Respondents No. 2 and 3 much prior to the alleged flash flood.
31. Thus, it is established that the Respondent No. 3 had illegally thrown muck and debris in the Haripur Nallah during the course of construction of the bridge which had polluted the water flowing in the nallah and had caused damage to the traut fish farm on the downstream of the nallah resulting in death of thousands of fishes and destruction of fish eggs.16
Quantum of compensation:
32. The Deputy Director of Fisheries in its report dated 16.03.2019 has given the number of fishes died and the eggs destroyed in the incident. The Applicant has disclosed that the Fisheries Department had reduced the sale rate of traut fish from Rs. 500/- per kg to Rs. 450/- per kg vide communication letter dated 17.02.2018. Therefore, based upon the rate fixed by the Fisheries Department and the report dated 16.03.2019 of the Deputy Director of Fisheries, the Applicant has calculated the environmental damage compensation as under:"ANNEXURE NO. 11
Damage Assessment Report of Himalayan Trout Fish Farm, Village & Post Office Haripur, Tehsil Manali, Distt. Kullu, HP The Damage Assessment Report of Himalayan Trout Fish Farm, Village & Post Office Haripur, Tehsil Manali, Distt. Kullu, HP is worked out on the basis of Technical report (letter No. TFF-5-200/18-D505 dated 16/03/2019 of Dy. Director, Fisheries, Patlikul, Kullu) of inspection done dated 12.03.2019 by Sh. Ajay Kuldeep, Fisher Officer, Patlikul, Deptt. of Fisheries, Himachal Pradesh on the damage occurred due to the loss/death of the fishes during excavating activity and muck dumping carried out by M/s KK Mahajan Construction Company, Nurpur, Kangra in Haripur nala/ Pakhnoj nala.
The details of financial loss based on the aforesaid technical report are as below:
Sr. Detail Average Quantity Price (₹) Biomass Amount (₹)
No. weight in in number (kg)
g or kg
1 Trout eyed --- 900000 ₹ 2 Rs per --- 1,80,000/-
ova piece
2 Albin/Trout 1.0 to 85000 ₹ 4 per piece --- 3,40,000/-
Fry 5.0gms
3 Brooder 3kg per 40 ₹ 450 per kg 120 54 ,000/-
piece
4 One year old 50gms 2000 ₹ 450 per kg 100 45,000/-
trout 100gms 10000 ₹ 450 per kg 1000 4,50,000/-
200gms 13000 ₹ 450 per kg 2600 11,70,000/-
250gms 15000 ₹ 450 per kg 3750 16,87,500/-
5 Saleable Trout 300gms 5000 ₹ 450 per kg 1570 7,87,500/-
Grand total 9320 Kg ₹ 47,14,000/-
➢ Rates mentioned above (with chart) are as per the Government rules approved by the Government of Himachal Pradesh, Department of Fisheries.
➢ Total biomass loss due heavy uncontrolled siltation at farm = 9320Kg.17
➢ Loss in ₹ 47,14,000/- (Rupees Forty Seven Lakhs and Fourteen Thousand only).
33. As against this, the Senior Fisheries Officer has also ascertained the damage in his communication dated 15.07.2025 sent to the Director-cum-
Warden Fisheries, Himachal Pradesh filed alongwith reply of the Respondent No. 4. He has calculated the damage compensation of Rs. 27,39,500/-. The said communication is as under:
"ANNEXURE R-1 No. Fish HMR 200.000-11 184 H.P. Fisheries Department.
Dated Hamirpur 15-07-2025 From Senior Fisheries Officer.
Hamirpur To Director-cum Warden Fisheries Himachal Pradesh, Bilaspur.
Subject: Regarding livestock loss in Haripur Sir, In reference to subject cited above, I would like to state that on 12-03-2019 as per the orders of the Deputy Director Fisheries. Patlikuhal. I visited the farm of Sh Khushal Gupta s/o, Shri Mohan Lal Gupta in Haripur Tehsil Manali Distt Kullu HP. After the inspection, the Deputy Director Fisheries. Patlikuhal, was informed about the loss of livestock that occurred at the Haripur farm. The number of dead fishes was on the basis of stocking capacity. It was not possible to weigh the dead fishes at that time, as they were completely decomposed. However, the financial loss can be estimated on the basis of average weight, as per following details.
Name Mortality Qty. in Biomass Price per Amount
in nos. nos/ in kg piece/kg
Eyed 90000 90000 ---- 2/-per piece 180000
Ova
Alevin 85000 85000 ---- 2/-per piece 170000
01 Total ---- ---- ---- ---- 350000
Name Mortality in Qty. in Biomass Price per Amount
nos. nos/ in kg piece/kg
Brooders 40 1.5 kg 60kg 450/- 27000
1st year 40000 100gms 4000kg 450/- 1800000
Table 500 250gms 1250kg 450/- 562500
size
02 total --- --- 5310kg --- 2389500
01+02 --- --- --- --- 2739500
It is submitted for favour of information and further necessary action, please.
Yours Faithfully, Senior Fisheries Officer.
Distt. Hamirpur (H.P.)"18
34. We find that in the above calculation the Senior Fisheries Officer has applied the rate of Rs. 2 per piece to 85,000 Alevin, but has not disclosed on what basis the said rate has been applied whereas the Applicant has disclosed the calculation on the basis of the Government rates. Similarly, the biomass calculation done by the Senior Fisheries Officer does not take into account the average weight of the fish which has been taken into account by the Applicant. Thus, we find that the calculation given by the Applicant is more reliable.
35. In such circumstances, we are of the view that the Applicant has suffered environment damage compensation to the tune of Rs. 47,14,000/- on account of the pollution caused by the Respondent No. 3 during the course of construction of the bridge in Haripur Nallah resulting in death of thousands of traut fishes and destruction of the fish eggs in the "Himalayan Trout Fish Farm" of the Applicant. Resultantly, the OA is allowed and Respondents No. 2 and 3 are jointly and severally held liable to pay environmental damage compensation of Rs. 47,14,000/- to the Applicant within a period of two months from the date of this order. It will be open to the Respondent No. 2 to recover this amount from the Respondent No. 3.
36. The OA is accordingly disposed of. The pending I.A's, if any, will also stand disposed of.
Prakash Shrivastava, CP Dr. A. Senthil Vel, EM January 28, 2026 Original Application No. 383/2024 (I.A. No. 181/2024) dv 19