The Himachal Pradesh High Court has taken serious note of environmental damage caused by unscientific desilting in the Uhl River, a key trout habitat. Acting on its own motion, the court stepped in after reports of rising pollution and fish mortality linked to operations at the Shanan Hydroelectric Project.
Background of the Case
The case, Court on its own motion vs State of Himachal Pradesh & Ors., arose from a letter addressed to the Chief Justice highlighting the discharge of silt from the Barot Dam in Mandi district. The complaint pointed to declining water quality and harm to aquatic life, particularly Rainbow and Brown Trout.
This was not the first time the issue surfaced. A similar PIL in 2018 had led to clear directions against dumping silt into the Uhl River without scientific management. However, fresh allegations indicated that desilting was again being carried out during the breeding season (November to February), allegedly worsening ecological damage.
The bench of Chief Justice G.S. Sandhawalia and Justice Bipin Chander Negi examined multiple reports, including findings from expert committees and inspections.
The court noted that desilting during the breeding season created highly turbid water, making it difficult for fish to survive. It observed,
“Living in turbid aquatic environments is like living in a perpetual sandstorm,” explaining how suspended particles affect fish respiration and breeding.
The judges also pointed out that earlier court directions and expert recommendations had not been followed. Despite warnings, the project authorities continued desilting in the lean season and failed to maintain minimum water flow, as required by environmental norms and orders of the National Green Tribunal.
Significantly, water quality data showed a sharp spike in Total Suspended Solids-from 3 mg/L upstream to over 2800 mg/L downstream-far beyond permissible limits.
The court invoked the “polluter pays” principle, emphasizing that economic considerations cannot override environmental protection. It remarked that the project’s actions, driven by operational convenience, had caused avoidable ecological harm.
The High Court issued a series of directions to address the damage and prevent future violations:
- Desilting is prohibited before March 1 each year to protect the trout breeding season.
- The project must install monitoring systems to track sediment levels downstream.
- Authorities must ensure at least 15% minimum water flow in the river during lean periods.
- A River Monitoring Committee will be set up under the Deputy Commissioner to supervise operations.
- The project proponent has been directed to deposit ₹12 lakh with the Fisheries Department for restocking trout and restoring aquatic life.
The court also allowed the project authorities to challenge the environmental compensation order before the appropriate appellate authority.
Case Details
Case Title: Court on its own motion vs State of Himachal Pradesh & Ors.
Case Number: CWPIL No. 01 of 2025
Judges: Chief Justice G.S. Sandhawalia, Justice Bipin Chander Negi
Decision Date: 08 April 2026
