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Pakistan decides not to move ICA against Nimo Bazgo project

By Zeeshan Javaid in the Daily Times, July 18

ISLAMABAD: The federal government had decided not to file a lawsuit in the Permanent Court of Arbitration-International Court of Arbitration (PCA-ICA) in Hague regarding its concerns and grievances over the controversial 45MW Nimoo Bazgo hydroelectric power project, sources in the water sector informed Daily Times on Tuesday.

Regarding the 45MW controversial Nimoo Bazgo project on River Indus, Pakistani authorities were likely to lose the case before filing a lawsuit in the PCA-ICA to address the issue.

This development became mature after the recent secretary-level talks, which were held in Delhi, when Indian authorities took a strong position to defend their stance on certain hydropower projects, however Pakistani authorities couldn’t clearly present their point of view.

It was further revealed that Indian authorities had completed the 45MW Nimoo Bazgo hydropower project and power generation from the project had started.

Sources further revealed that Indian authorities had also laid a document before Pakistani authorities, which reportedly allowed India to construct the controversial Nimoo Bazgo run-of-the-river project with a no-objection certificate inked by the former environment secretary.

The sources further maintained that the former environment secretary had played an important role in acquiring a Carbon Credit Certificate for India for Nimoo Bazgo project, which later on became a reason of early completion of the controversial project by Indian authorities.

Reliable officials in the Water and Power Ministry said on condition of anonymity that Prime Minister’s Special Assistant on Water Resources Kamal Majeedullah had already hinted at malafide intentions of some officials involved in the matter.

Sources said the Water and Power Ministry and its subordinate institutions had completed the paper work for filing a lawsuit in the PCA-ICA, but after the recent development, the federal government had in principle taken a decision to step back from its stance. Former water and power minister Naveed Qamar – who had expressed concerns over the inquiry report of a commission which he had himself established under the chairmanship of Water and Power Development Authority (WAPDA) Secretary Muhammad Imtiaz Tajawar to probe the alleged misconduct of former Indus water commissioner Jamat Ali Shah – had formed a special committee to investigate the matter.

However, the special committee is yet to show any noticeable progress and apparently the file of the probe has been closed.

The inquiry conducted by WAPDA secretary had maintained that the former Indus water commissioner, Shah, had not played his due role and had remained silent about the Nimoo Bazgo project (built by India during 2002-2009), and had not raised any objections during the Pakistan-India meetings at the level of Permanent Indus Waters Commission. The 57-metre-high controversial Nimoo Bazgo hydroelectric power project is being developed in the Leh district on the River Indus. Additionally, the 42-metre-high Chuttak hydroelectric project is also being completed on the River Suru, a tributary of the Indus in the Kargil district of Indian-held Kashmir.

The controversial Nimoo Bazgo power project is a run-of-the-river project on the river Indus, situated at village Alchi, 70 kilometres from Leh in the state of Jammu and Kashmir.

The project was conceived on July 1, 2001, approved on June 8, 2005, and construction began on June 9, 2005. http://www.dailytimes.com.pk/default.asp?page=2012\07\18\story_18-7-2012_pg7_1

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