ICJ orders India to stop building Kishan-Ganga Dam

agentperry

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if India is not going to ICJ and thinking that dispute can be settled out of court through dialogues then its the fault of GoI and not chinese. GoI should promptly object to the construction just like pakis have because once the dam is built over brahmputra then India cant do anything(incl objection in icj).
 

Tomcat

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the world is for those who have the courage to stand up aginst it for what they belive in my friends screw the ICJ and the UN as my esteemed friend Pack leader once said : what has the so called " international " community done for us Nothing
 

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OK, I stand corrected. I jumped gun, instead of international court of arbitration(ICA) I assumed ICJ. This news may still be true or untrue.

I also checked Indus-water treaty and there is a provision for court of arbitration if any party to IWT feels aggrieved.
 

agentperry

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hey check out the full news it says that India can continue further work on its own risk ie if in the end ICA decides against the construction of the dam then India have to stop the work there only. so if we can somehow complete the project while the hearing goes on then no effect what so ever be the decision by the ICA.
at the end ICA dont ask for the structure to be dismantled but only ask not to further develop it. so speedy work required on our own risk and make sure that dam is fully ready or developed or constructed till the hearing resumes
 

Tomcat

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but guys i asked Google Bahi and he showed me only Pak links i even asked him in his news section but he didnt find it there either
 

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India can continue all but permanent works on Kishenganga: ICA

India can "continue with all works" related to the Kishenganga hydro-electric project in Jammu and Kashmir except any permanent work on the riverbed that may inhibit restoration of the river's full flow, the International Court of Arbitration has said.

In an interim ruling issued on Friday, the court in The Hague, which was approached by Pakistan, said it was necessary to lay down certain interim measures in order to "avoid prejudice to the final solution" of the dispute as provided under the Indus Waters Treaty of 1960.

While proceedings continued at the Court, the ruling said, it "is open to India to continue with all works relating to the Kishenganga Hydro-Electric Project" except "any permanent works on or above the Kishenganga-Neelum riverbed at the Gurez site that may inhibit the restoration of the full flow of that river to its natural channel" after the final verdict.

The ruling, a copy of which has been accessed by PTI, stated that India "could proceed with the construction of the sub-surface foundations" of the dam, "erect temporary cofferdams and operate the by-pass tunnel it has said to have completed", "temporarily dry out the riverbed of the Kishenganga-Neelum at the Gurez valley" and "excavate the riverbed."

The court said that, under the current timetable, it intended to give its final verdict "late in 2012 or early in 2013."

It said: "It follows that it cannot be 'necessary' to order a halt of any construction activity on the (Kishenganga project) that will take place after the issuance of the Court's final Award."

The interim ruling further said India "may utilise the temporary diversion tunnel it is said to have completed at the Gurez site, and may construct and complete temporary cofferdams to permit the operation of the temporary diversion tunnel."

The court gave its interim ruling in response to an appeal filed by Pakistan, which alleged India was diverting the flow of the river and violating the Indus Waters Treaty by going ahead with the project.

A statement issued by Pakistan's presidency late last night highlighted the court's direction that India should not go ahead with any permanent work that could affect the river flow after the final verdict but did not mention the fact that the court had ruled that India could continue all other works.

The interim ruling further said India and Pakistan should "arrange for periodic joint inspections of the dam site at Gurez in order to monitor" that the court's directive regarding permanent works was being implemented.

It said the two countries should submit by December 19 a "joint report setting forth the areas of agreement and any points of disagreement that may arise" regarding the implementation of its order.

Pakistan had informed the court in July that India could not divert the route of the Kishenganga-Neelum river under the Indus Waters Treaty.

Pakistan has claimed that the project would rob it of 15 per cent of its share of river waters. It also accused India of trying to divert the river in order to harm Pakistan's Neelum-Jhelum hydro-electric project.

http://www.thehindu.com/news/national/arti...e?homepage=true
 

LurkerBaba

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India can continue all but permanent works on Kishenganga: ICA

India can "continue with all works" related to the Kishenganga hydro-electric project in Jammu and Kashmir except any permanent work on the riverbed that may inhibit restoration of the river's full flow, the International Court of Arbitration has said.
Basically we can build the dam.

Why did the Pakistani media obfuscate the issue ? A PR victory against India seems more important than reality. Expect more whining when the construction resumes.
 
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mayfair

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Basically we can build the dam.

Why did the Pakistani media obfuscate the issue ? A PR victory against India seems more important than reality. Expect more whining when the construction resumes.
Even the Hindu deadline is misleading. A dam is a permanent structure after all.

That said, the court order has not prohibited India from doing what we were not doing anyway.

Go suck lemon Pakis
 
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anoop_mig25

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Kishanganga: ICJ Hague court halts 'permanent works'.

mods i did not know in which section it should be posted so please move it into an appropriate section

Kishanganga: ICJ Hague court halts 'permanent works

Ravish Tiwari Posted: Mon Sep 26 2011 New Delhi:INDIAN EXPRESS


The seven-member International Court of Arbitration (ICA) has barred India from undertaking any permanent works above the riverbed level at the Gurez site of the Kishanganga hydel project dam. Pakistan had sought an interim stay on construction activities at the 330 MW project in Jammu and Kashmir.

"Permanent works above the riverbed is not allowed. But India can go ahead with construction of powerhouse, tunneling works, constructing coffer dams, temporary bypass tunnel and concretisation under the riverbed for the dam," a member of the Indian delegation that went to The Hague for the hearing on the Pakistani plea late last month told The Indian Express.

The court has also ordered joint "periodic inspections" at the Gurez site to ensure that the interim stay order is not violated.

The order came at the end of this week. It is likely to assure Pakistan, which decided to move the ICA in the summer of 2010. Indian government sources claimed the decision was "not a setback" and India has "ample freedom" to continue with almost the entire range of construction activities for the project other than the dam itself.

Officials, however, conceded there was a "risk" in going ahead. "We may continue all other works at our risk, knowing well that the dam construction is still under dispute and all other construction will go waste if the final decision does not turn out to be in our favour. Definitely that risk remains," said an official.


WHY did n`t Indian asked for ban on construction of dam across the border on same river. according IWT the dam whose construction is completed first gets right over river or something like that.:frusty::frusty::frusty::frusty:
 

Daredevil

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I think it is not ICJ but ICA which has asked to stop the work. ICA is only an arbiter for the dispute not a judge. Need to seen how much this order is binding on India to stop the works.
 

Daredevil

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From above

ISLAMABAD: Special assistant to prime minister on water and agriculture, Kamal Majidulllah, has misled the nation by speaking half truth that the court of arbitration (CoA) at The Hague has stopped India from constructing any permanent works on or above the Kishanganga/Neelum River bed at the Gurez site that may inhibit the restoration of the flow of the river to its natural channel.

This time, Majidullah who is also Pakistan's agent in the case of Kishengange project, befooled the nation like it happened during the Musharraf regime when former federal minister for water and power Liaqaut Jatoi, former secretary water and power Ashfaq Mehmood and former commissioner of PCIW (Pakistan Commission of Indus Water) Jamaat Ali Shah had misled the nation by saying Pakistan had won the case of Baglihar hydropower project, which was not the case.

Majidullah should have held a press conference over the 'achievement' but he cleverly used the undisputed platform of the Presidency for issuing a statement that CoA has stopped India from constructing any permanent works on or above the Kishanganga/Neelum River bed at the Gurez site that might inhibit the restoration of the flow of the river to its natural channel.

However, New Delhi has now come up with a forceful contradiction of the interpretation by Pakistan of the interim decision. Quoting the International Court of Arbitration it said that India can "continue with all works" related to the Kishanganga hydro-electric project in Jammu and Kashmir except any permanent work on the riverbed that may inhibit restoration of the river's full flow".

In the interim ruling issued on Friday the court in The Hague, which was approached by Pakistan, said it was necessary to lay down certain interim measures in order to "avoid prejudice to the final solution" of the dispute as provided under the Indus Waters Treaty of 1960.

While proceedings continued at the Court, the ruling said, it "is open to India to continue with all works relating to the Kishanganga hydro-electric project" except "any permanent works on or above the Kishanganga-Neelum riverbed at the Gurez site that may inhibit the restoration of the full flow of that river to its natural channel" after the final verdict.

The ruling, a copy of which is available with The News, stated that India "could proceed with the construction of the sub-surface foundations" of the dam, "erect temporary cofferdams and operate the by-pass tunnel it has said to have completed", "temporarily dry out the riverbed of the Kishanganga-Neelum at the Gurez valley" and "excavate the riverbed."

The interim ruling further said India "may utilise the temporary diversion tunnel it is said to have completed at the Gurez site, and may construct and complete temporary cofferdams to permit the operation of the temporary diversion tunnel."

However, CoA has given some relief to Pakistan just because of the campaign that Pakistan's print and electronic media has launched against India, highlighting that the environment of the Neelum Valley would be destroyed in case Kishangnage project gets completed.

When contacted Arshad H Abbasi, an eminent water expert said: "We all ought to wait for official press release of CoA. In case of Baglihar dam former secretary water & power had claimed victory, but two years later when I got access to all the papers it occurred that Pakistan had actually lost the case to India".
 

trackwhack

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Nothing much is going to change for us even if China builds a dam (considering it somehow manages to tame the unforgiving terrain and the river itself) on the Brahmaputra.

There is not much agriculture going on in the North East and whatever is going on can be supported by the rivulets/streams originating in the NE itself along with the seasonal rainfall.

The nation that will hear its death knell will be Bangladesh as pretty much their everything is dependent on Brahmaputra (Padma) over there.The flow will be reduced and whatever is remaining will be utilized in NE itself and we have a convenient excuse that its because of the Chinese.

So we need not be overtly concerned about that.


BTW what happened to my avatar ? :confused:
Hello Karthic Sri,

I see what you are saying is more or less correct in that most agriculture in the Northeast is supported by the seasonal monsoon. However there are several caveats

1) Kazhiranga National Park : The ecosystem will change dramatically. It is a wetland supported by the monsoon and the flooding of the Bramhaputra. We have no way of predicting if it will change into a shrub forest or a rainforest but it will cease to be the rich wetland that it is today

2) Aquifer : The Bramhaputra supports the aquifer that keeps groundwater intact for the entire Northeast and Bangladesh. This is bound to get depleted over a couple of decades resulting in drastic changes in the quality of life of the people there. It wont become a Rajasthan, but think of Ananthpur in Andra Pradesh. Without an aquifer, all the monsoon rains are just gonna sink right in and the rivulets and streams will all be gone in time

Building a Hydro Dam by China is ok, beneficial even maybe. However water diversion will have dire consequences. India must pass a bill in Parliment stating water diversion of the Bramhaputra will be considered as equivalent to a declaration of war. Because, thats just what it is.

The Indus waters are not being diverted away from Pakistan, these two issues are not even the same thing. Water diversion and hydro damming are very different.
 

anoop_mig25

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sorry i am posting it very late but i wan to know from experts here whether concern raised in eia reports are logical or its absurd here is a link EIA report reveals ravaging impact of Kishanganga Power Project Lastupdate:- Tue, 13 Sep 2011 18:30:00 GMT GreaterKashmir.com

Srinagar, Sep 12: In a case of sheer negligence, the Jammu and Kashmir Government and the National Hydel Power Corporation (NHPC) have blatantly overlooked the adverse impact of the Kishanganga Power Project in north Kashmir's Gurez Valley even as the hazards stand clearly delineated in an official Environment Impact Assessment (EIA) report of the 330 MW venture.
Greater Kashmir has laid its hands on the EIA/ EMP studies of the Kishanganga Power Project, which has, in very clear terms, pointed to dangers associated with the project, including its impact on the distinct cultural and ethnic identity of the Dard-Shina community in Gurez and also on the area's fragile ecosystem.
The EIA and the Environment Management Plan (EMP) exercises have been conducted by the Delhi University's Centre for Inter-Disciplinary Studies of Mountain and Hill Environment (CISMHE) for the NHPC.
The EIA report refers to some of serious impacts that the Kishanganga power project can have on the environment, ethnicity and culture of Gurez - a warning which seems to have been ignored by the NHPC and the J&K Government.

ON ENVIRONMENT
The report says "altogether seven villages comprising 10 tribal settlements, their farm lands and forest area amounting to 13,550 kanals, 15 marlas of land and 1170 households would be affected due to construction of the power project."
"All the households in Nyle, Mastan-Khapuri, Badwan-Wampora, Khandiyal-Faqirpora, Dawar and Markut villages would be fully affected, while the village Achhura would be partially affected," it states.
The report says that the total human population (as per Census 2001) to be affected in these areas is 8737. The total village area is 1129.18 hectares while the land to be affected is 505 hectares.
The report clearly mentions that the earning population in Gurez Valley is just 19.87 percent while over 80 percent falls in the 'dependent' category. "The villagers greatly depend on surrounding forests for the collection of wild vegetables, Zeera (cumin seeds), mushrooms, medicinal herbs and fodder/grazing of animals," it reads. "They are heavily dependent on these forests for their requirements of fire wood and timber for the construction of houses."
Tables mentioned in the report clearly show that 54.65 hectares of land area is under cultivation of different crops like Wheat, Maize, Rajmah and Potato—which is the mainstay of the people of Gurez. It also shows the livestock position, revealing that total livestock population is 14750. The report refers to the socio-economic profile of villages one by one, revealing the intensity of crop cultivation and dependence of people on the same.

NATURAL HABITATS
Chapter 13 of the report reveals that the threat of habitat disturbance, degradation and fragmentation may not only come from the constructional activities, but from large labourer population that will exert tremendous anthropogenic pressure on the natural ecosystems around the project activity sites. "The pressures may be foreseen in terms of fuel-wood collection, rearing of livestock and the grazing pressure on the surrounding natural forest ecosystems, killing and poaching of animals, pressure on medicinal plants, degradation of habitat through tree felling and negative changes in aesthetic quality of landscape by overcrowding beyond its carrying capacity," the report mentions. "There are areas where direct impacts may be felt. All the project works would be located either within the Kishanganga catchments or outside the catchments in and around the power house site. The labourer force working at these sites will also bring about negative impacts on habitats and species populations around these sites."

SPECIES POPULATION LOSSES
The report has also warned that the "threats of loss and disappearance to species and populations may arise from inundation, habitat destruction and fragmentation. The species populations that face maximum risk includes taxa with small population sizes, critically endangered, over-exploitation, endemic and restricted distribution."
"The only area that needs to be carefully handled while project activities are going on is the habitats upstream of tail of dam. The habitats in the catchments of Kishanganga were observed to harbour populations of plant species which are important and typical Himalayan species. The threat to these species because of their high medicinal value is also perceived from human work force which will be residing in these areas," the report says.
In a major concern, the report says several cases of killing and poaching of some endangered Himalayan animals like snow leopard, Markhor, Black bear and Musk Deer have also been reported by migrant labourers that come to these areas for work on road construction and other development projects. "The noise created by blasting and tunnelling is likely to disturb bird and animal life in the vicinity of any such activity. Though these are temporary impacts, permanent losses of animal life and injures to them cannot be ruled out by fly-rock accidents," the report mentions.
The report says that "impact on water quality is expected to arise from disposal of excavated material into river channel. The muck will essentially come from the road building activity, tunnelling and other excavation works." It adds the "degradation in water quality will mainly arise from discharge of waste and refuse into the river channel by the labourer colonies and other temporary human habitations."

'DEMOGRAHIC CHANGES'
In a major warning ignored by the NHPC, the report has made it clear that the expected workforce to be employed in the project may vary from 3000 to 5000 annually. "The quantum of human population that will migrate from other areas will be enormous as compared to local human population in the valley. The migrant labourers will greatly outnumber the indigenous population resulting in demographic changes and other repercussions that follow," the report reads. "Since the migrant workforce will be from different regions, diverse ethnic and cultural backgrounds and value systems, they are bound to affect the local socio-cultural and value systems."
In Gurez Valley, the report mentions, there are some distinct ethnic groups which have links with groups of far away regions in North-West. "This group known as Dard-Shina have distinct ethnic and cultural identity, which these people believe may be threatened," the report mentions.

SERIOUS ISSUES
The report mentions that changes in demographic profiles are known to bring about cultural invasions in the society. "Such invasions will surely be expected here, through it may be a temporary phenomenon," it says. "Because of varying cultural and ethnic backgrounds and social value system, it is expected that the presence of these migrant groups may lead to social conflicts and social tensions."
The report argues that migrant workers are likely to act as "carriers of new diseases hitherto unknown and unreported from the project area. Disease like AIDS, VDS, Malaria, Gastroenteritis are some of the potential risks to human health," the report warns. "With the influx of migrant population there would be enormous requirement for the housing and accommodation leading to escalation in rent rates in the Valley. There will be pressure on the existing house-owners to expand their dwellings leading to a spurt in developmental activity of another nature and change in the existing land use. These activities would ultimately result in additional timber extraction from forests as majority of houses in the area consume a lot of wood."
The report goes to the extent of warning that the temporary hutments of the labourer colonies "will become like shanty towns and give the landscape an ugly look. The serenity and pristine nature of the Valley will be significantly changed into messy and crowded township, resulting in conversion of aesthetically pleasing landscape into an eyesore."
The report finally says "the maximum impact of migrant labourer population would be expected by a number of activities that they might undertake. These include killing and poaching, overexploitation of important medicinal plants, grazing of their domestic cattle in the natural forests which are climatic in nature."
 

agentperry

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sorry i am posting it very late but i wan to know from experts here whether concern raised in eia reports are logical or its absurd here is a link EIA report reveals ravaging impact of Kishanganga Power Project Lastupdate:- Tue, 13 Sep 2011 18:30:00 GMT GreaterKashmir.com

Srinagar, Sep 12: In a case of sheer negligence, the Jammu and Kashmir Government and the National Hydel Power Corporation (NHPC) have blatantly overlooked the adverse impact of the Kishanganga Power Project in north Kashmir's Gurez Valley even as the hazards stand clearly delineated in an official Environment Impact Assessment (EIA) report of the 330 MW venture.
Greater Kashmir has laid its hands on the EIA/ EMP studies of the Kishanganga Power Project, which has, in very clear terms, pointed to dangers associated with the project, including its impact on the distinct cultural and ethnic identity of the Dard-Shina community in Gurez and also on the area's fragile ecosystem.
The EIA and the Environment Management Plan (EMP) exercises have been conducted by the Delhi University's Centre for Inter-Disciplinary Studies of Mountain and Hill Environment (CISMHE) for the NHPC.
The EIA report refers to some of serious impacts that the Kishanganga power project can have on the environment, ethnicity and culture of Gurez - a warning which seems to have been ignored by the NHPC and the J&K Government.

ON ENVIRONMENT
The report says "altogether seven villages comprising 10 tribal settlements, their farm lands and forest area amounting to 13,550 kanals, 15 marlas of land and 1170 households would be affected due to construction of the power project."
"All the households in Nyle, Mastan-Khapuri, Badwan-Wampora, Khandiyal-Faqirpora, Dawar and Markut villages would be fully affected, while the village Achhura would be partially affected," it states.
The report says that the total human population (as per Census 2001) to be affected in these areas is 8737. The total village area is 1129.18 hectares while the land to be affected is 505 hectares.
The report clearly mentions that the earning population in Gurez Valley is just 19.87 percent while over 80 percent falls in the 'dependent' category. "The villagers greatly depend on surrounding forests for the collection of wild vegetables, Zeera (cumin seeds), mushrooms, medicinal herbs and fodder/grazing of animals," it reads. "They are heavily dependent on these forests for their requirements of fire wood and timber for the construction of houses."
Tables mentioned in the report clearly show that 54.65 hectares of land area is under cultivation of different crops like Wheat, Maize, Rajmah and Potato—which is the mainstay of the people of Gurez. It also shows the livestock position, revealing that total livestock population is 14750. The report refers to the socio-economic profile of villages one by one, revealing the intensity of crop cultivation and dependence of people on the same.

NATURAL HABITATS
Chapter 13 of the report reveals that the threat of habitat disturbance, degradation and fragmentation may not only come from the constructional activities, but from large labourer population that will exert tremendous anthropogenic pressure on the natural ecosystems around the project activity sites. "The pressures may be foreseen in terms of fuel-wood collection, rearing of livestock and the grazing pressure on the surrounding natural forest ecosystems, killing and poaching of animals, pressure on medicinal plants, degradation of habitat through tree felling and negative changes in aesthetic quality of landscape by overcrowding beyond its carrying capacity," the report mentions. "There are areas where direct impacts may be felt. All the project works would be located either within the Kishanganga catchments or outside the catchments in and around the power house site. The labourer force working at these sites will also bring about negative impacts on habitats and species populations around these sites."

SPECIES POPULATION LOSSES
The report has also warned that the "threats of loss and disappearance to species and populations may arise from inundation, habitat destruction and fragmentation. The species populations that face maximum risk includes taxa with small population sizes, critically endangered, over-exploitation, endemic and restricted distribution."
"The only area that needs to be carefully handled while project activities are going on is the habitats upstream of tail of dam. The habitats in the catchments of Kishanganga were observed to harbour populations of plant species which are important and typical Himalayan species. The threat to these species because of their high medicinal value is also perceived from human work force which will be residing in these areas," the report says.
In a major concern, the report says several cases of killing and poaching of some endangered Himalayan animals like snow leopard, Markhor, Black bear and Musk Deer have also been reported by migrant labourers that come to these areas for work on road construction and other development projects. "The noise created by blasting and tunnelling is likely to disturb bird and animal life in the vicinity of any such activity. Though these are temporary impacts, permanent losses of animal life and injures to them cannot be ruled out by fly-rock accidents," the report mentions.
The report says that "impact on water quality is expected to arise from disposal of excavated material into river channel. The muck will essentially come from the road building activity, tunnelling and other excavation works." It adds the "degradation in water quality will mainly arise from discharge of waste and refuse into the river channel by the labourer colonies and other temporary human habitations."

'DEMOGRAHIC CHANGES'
In a major warning ignored by the NHPC, the report has made it clear that the expected workforce to be employed in the project may vary from 3000 to 5000 annually. "The quantum of human population that will migrate from other areas will be enormous as compared to local human population in the valley. The migrant labourers will greatly outnumber the indigenous population resulting in demographic changes and other repercussions that follow," the report reads. "Since the migrant workforce will be from different regions, diverse ethnic and cultural backgrounds and value systems, they are bound to affect the local socio-cultural and value systems."
In Gurez Valley, the report mentions, there are some distinct ethnic groups which have links with groups of far away regions in North-West. "This group known as Dard-Shina have distinct ethnic and cultural identity, which these people believe may be threatened," the report mentions.

SERIOUS ISSUES
The report mentions that changes in demographic profiles are known to bring about cultural invasions in the society. "Such invasions will surely be expected here, through it may be a temporary phenomenon," it says. "Because of varying cultural and ethnic backgrounds and social value system, it is expected that the presence of these migrant groups may lead to social conflicts and social tensions."
The report argues that migrant workers are likely to act as "carriers of new diseases hitherto unknown and unreported from the project area. Disease like AIDS, VDS, Malaria, Gastroenteritis are some of the potential risks to human health," the report warns. "With the influx of migrant population there would be enormous requirement for the housing and accommodation leading to escalation in rent rates in the Valley. There will be pressure on the existing house-owners to expand their dwellings leading to a spurt in developmental activity of another nature and change in the existing land use. These activities would ultimately result in additional timber extraction from forests as majority of houses in the area consume a lot of wood."
The report goes to the extent of warning that the temporary hutments of the labourer colonies "will become like shanty towns and give the landscape an ugly look. The serenity and pristine nature of the Valley will be significantly changed into messy and crowded township, resulting in conversion of aesthetically pleasing landscape into an eyesore."
The report finally says "the maximum impact of migrant labourer population would be expected by a number of activities that they might undertake. These include killing and poaching, overexploitation of important medicinal plants, grazing of their domestic cattle in the natural forests which are climatic in nature."
excuses... just excuses
 

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