No permanent structures, but continue “all works” on Kishenganga: ICA to India

26 Sep 2011

Islamabad: On the contentious Kishanganga Hydroelectric Project, located on river Kishanganga, a tributary of river Jhelum, in the Gurez valley of Jammu & Kashmir, the International Court of Arbitration in The Hague has ruled that India can ''continue with all works'' related to the project, except any permanent work on the riverbed that may inhibit restoration of the river's full flow.

The Court had been approached by Pakistan asking it to stop India from all work on the project.

In an interim ruling issued on Friday, the court in The Hague, 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 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.''