H NABACHANDRA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The reservation expressed in the instant proceeding draped as a Public Interest Litigation relates to the construction of Khuga Dam in Churachandpur District of the State.

(2.) We have heard Mr. H. Nabachandra, petitioner-in-person, Mr. I. Lalitkumar, learned senior counsel assisted by Mr. Niranjan, learned counsel for the respondent No. 4, Mr. A. Jagatchandra, learned State counsel for the respondents 3,5,6,7 and 8, Mr. K. Kumar, learned counsel for the respondents No. 1 and 2 and Mr. L. Jayanta, learned counsel for the respondent No. 9.

(3.) Admittedly the project had been initiated as early as in the year 1980 across the river Khuga. Construction works are at the closing stage. In short, the petitioner has assailed the project contending that the dam is being constructed without the necessary site clearance and is located on a seismic zone likely to result in heavy damages in the event of an earthquake of the instensity of point 7 on the Richter scale. Further remonstrance is that the dam is being constructed without the environmental clearance either from the Central Government or the State Government. Not only the project is against the principle of sustainable development no benefit can be expected there from as well. Besides, the construction of the dam would have serious adverse impact on the adjoining settlements and would result in shrinking of forest area posing health hazards to the public of the locality.