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CS approached to ascertain action against NHPC | | | Early Times Report srinagar, Nov 30: Based on the information revealed through an RTI application, the state chief secretary, Madhav Lal has been approached on behalf of the civil society through another application to ascertain what action the State Government is contemplating to be initiated against the users of water resources of the State for hydro power generation since the information revealed proves the water resources of the state are being used in absence of any authorization /agreement/MOU or Licence. The application further states that pursuant to the request under the Right to Information Act and also in pursuance of the judgement and order dated 29.07.2011 passed by the Hon'ble High Court in OWP (PIL) No. 909/2011 and CPM NO. 1451/2011, the applicant has been informed by the State Power Dev. Department vide their communication No. PDD/IV/87/2011 dated 09-09-2011 that series of Hydro Electric Power Project in the State of Jammu & Kashmir are being managed, operated and executed by a Govt. Of India undertaking, namely, National Hydro Power Corporation Ltd, Faridabad, Haryana. The Hydro Electric Power Projects Include:- 1. Salal H.E.P; 2. Dulhasti H.E.P; 3. Uri Hydel Project. The application asserts that in terms of Section 94 of the Water Resources (Regulation & Management) Act 2010 as enforced on 01-11-2010, no user is entitled to install a unit requiring usage of water without obtaining a Licence under Section 97 of the Act. It is also submitted that by virtue of Rule 51 any existing user who is required to apply for and obtain a licence under rule 50 is mandatorily required to apply to the Licensing Authority within six months from the date of commencement of the Act for issuance of a licence and to complete all the formalities in this behalf, as provided under rules. The rules as well provide for the steps to be taken by the Licensing Authority in the event of failure of a user to obtain Licence. The power available with the Licensing Authority are indicated in the Rule 50, 53, 54 etc of the Rules. The application says despite the expiry of the Statutory period of six months from the date of enforcement of the Act the aforesaid user , namely , NHPC has failed to obtain the Licence from the Licensing Authority and is nevertheless using the water resources of the State of Jammu & Kashmir unauthorized and in total disregard and violation of the mandatory provisions of the Act and the rules framed there under , more particularly so when admittedly on the basis of the information conveyed both by the State Government and NHPC , there has been absolutely no Memorandum of Understanding /Agreement ever entered into between the State Government and Govt. Of India/NHPC regarding any authorization for perpetual user of the water resources of the State by NHPC /Govt. of India. The failure on the part of the State Government /Licensing Authority to take recourse to the relevant provisions of the Act /Rules is as well illegal and against the public interest of the people of State of J&K. |
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