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This is an archive article published on September 26, 2011

Kishanganga: Hague court halts ‘permanent works’

Permanent works above the riverbed is not allowed.

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.

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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.

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