Gills in peril: Himachal High Court asks project to pay Rs 12 lakh fine for dumping silt into river, choking Himalayan trout

Chief Justice G.S. Sandhawalia and Justice Bipin Chander Negi issued a series of directions while hearing the PIL.

Letter to chief justice

The court was dealing with a PIL registered on the basis of a letter received in the office of the Chief Justice stating that water purity levels were affected leading to casualty of marine life on account of discharge of silt from Barot dam in Mandi.

The court found that despite earlier directions in 2018 prohibiting unscientific dumping of silt, the project authorities continued the practice, leading to heavy turbidity and serious ecological harm.

In November 2018, a fisheries department inspection found that not even a drop of water was left in Uhl river below reservoirs at Barot, severely impacting trout breeding grounds and aquatic life, prompting directions to ensure adequate water flow and avoid such practices.

In November 2024, the fisheries department was informed that desilting would be undertaken, drawing immediate objections from the fisheries department, which warned of fatal consequences for trout and their eggs.

Further communications in early 2025 reiterated concerns that inadequate water release and desilting were harming natural breeding processes.

Subsequently, the state pollution control board issued a show-cause notice and later imposed Rs 12 lakh environmental compensation after finding excessive pollution levels and failure to maintain minimum water flow, with TSS levels far exceeding permissible limits.

What the high court said?

The high court held that the remedial environmental compensation has to be paid by the project proponent who is responsible for the discharge of the silt from its dam waters.

The court noted that the project proponent  in its endeavour as such for maintaining the reservoir continued with the de-silting process irrespective of the damage caused to the ecology and the marine life.

“Respondent No.6, however, apparently in its endeavour as such for maintaining the reservoir has gone on to continue with the de-silting process irrespective of the damage which is being caused to the ecology and the marine life downstream on account of their own commercial convenience, which is an act which cannot be thus countenanced or defended in any manner,” the court noted.

To ensure the survival of trout fish in the Barot dam and the two rivers in question Uhl and Lambhadagh, the court issued a series of directions.

The court clarified that the project proponent would retain the statutory right to challenge the Himachal Pradesh State Pollution Control Board’s order before the appropriate appellate authority.

“We also leave it to open as such to respondent No.6 to agitate against the final order dated 23.02.2026 of the Himachal Pradesh State Pollution Control Board before the Appellate Authority as the right of appeal is a statutory right which would not at this stage be taken away by virtue of the directions, we have issued,” the court said.