Uttarakhand floods not ‘act of god’: NGT

NEW DELHI: Rejecting GVK Group firm Alaknanda Hydro Power Company’s contention that the 2013 cloudburst and floods in Uttarakhand was an “act of god”, the National Green Tribunal has directed it to pay a compensation of Rs 9.26 crore to the persons affected by the disaster.

The green panel held the company liable for lack of proper care in storing muck from a construction project, which allowed the material to flow during the floods to the Srinagar town of the Pauri Garhwal district in June 2013.

It directed Alaknanda Hydro Power to deposit Rs 9,26,42,795 within 30 days as compensation with the Emergency Relief Fund Authority, which should be paid to the victims of the disaster.

“An act of god provides no excuse unless it is so unexpected that no reasonable human foresight could be presumed to anticipate the occurrence, having regard to the conditions of time and place known to be prevailing .... We, therefore, reject the plea of the respondent no. 1 that the damage caused to the residential area was the result of ‘Act of God’,” a bench headed by Justice U D Salvi said.

While one per cent of the amount is to be remitted to the Registrar of the NGT under the provisions of the 2011 National Green Tribunal Rules, the remaining amount is to be distributed by the District Magistrate of Pauri after verifying the claims.