N D JAYAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present petition under Article 32 of the Constitution of India is the second round of legal action connected to the safety and environmental aspects of Tehri Dam before this Court.

(2.) THE petitioners herein firstly urge us to issue necessary directions to conduct further safety tests so as to ensure the safety of the dam. Secondly, they allege that the concerned authorities have not correspondingly complied with the conditions attached to the environmental clearance dated July 19, 1990 and want us to halt the project till the same is complied with. Lastly, they want us to look into the rehabilitation aspects. Subsequent to the filing of this petition few others joined as interveners. String of affidavits, counter-affidavits and other documents disclosing the minutest details have been presented. Oral submissions on both sides have been addressed at length.

(3.) IN May 1980, an interim report was submitted by the expert group and the final report was submitted in August 1986. Even though an expenditure of Rs.206 crores has been incurred, the expert committee recommended to abandon the project. Ministry of Environment and Forest (MoEF) accepted the report in October 1986 and endorsed the view of the expert committee. IN November 1986, the erstwhile USSR offered administrative, technical and financial assistance on a turnkey basis and the Tehri Project was revived as recipient of such aid. IN November 1986, a protocol was signed with USSR for providing technical and financial assistance for this project to the tune of 1000M Roubles. Thus the need to obtain environmental clearances even in the absence of environmental action plans became urgent so as to quickly complete all administrative and technical formalities. IN January 1987, the government announced in the press that it has cleared the project after a thorough assessment of the impact of the project on environment and after satisfying themselves that the adverse impact on environment can be remedied, a general agreement was signed in Moscow and it was decided that the dam construction would be carried out jointly by Soviet and INdian engineers. Thereafter, the project, which was initially executed by the Irrigation Department of the government of U.P. has been taken over by the joint venture company of the government of INdia and the government of U.P. The company was called Tehri Hydro Development Corporation Ltd (THDC). IN July 1989, MoEF revised cost estimates and released further funds, conditional to its prior environmental clearance. Accordingly, THDC formulated environment action plans for consideration and assessment by MoEF. IN February 1990, the Environmental Appraisal Committee, MoEF concluded that the Tehri Dam Project, as proposed, should not be taken up as it does not merit environmental clearance. Subsequently, On July 19, 1990, conditional clearance to the project was given by MoEF. It was specifically provided that completion of status, formulation of action plans and their implementation will be scheduled in such a manner that their execution is pari-passu with the construction, failing which the engineering works would be brought to a halt and this condition will be enforced among others under the provisions of the Environment Protection Act, 1986.