2003 (9) TMI 772 - SC - Indian Laws

Whether the present status of dam project, keeping in view the pan passu condition on which environmental clearance has been granted by MoEF, calls for issuing any directions to the respondents who represent various Ministries & departments of Central and State Government as also the Corporation to which the project has been entrusted for implementation?

Summary

Issues Involved:
1. Safety of the Tehri Dam.
2. Compliance with the Environmental Clearance conditions.
3. Rehabilitation of displaced persons.

Detailed Analysis:

1. Safety of the Tehri Dam:
The petitioners raised concerns about the safety of the Tehri Dam, particularly its seismic vulnerability. They requested further safety tests, including a Three-Dimensional (3D) Non-Linear Test and a Dam Break Analysis. The respondents argued that such tests were impractical and unnecessary, citing extensive studies by the Department of Earthquake Engineering, University of Roorkee, and the Hydro Project Institute, Moscow, which concluded that the dam's design was safe. Various expert committees, including one chaired by the Director General of the Geological Survey of India, confirmed the dam's safety even in the event of a large earthquake. Despite these assurances, the Court emphasized the importance of the precautionary principle and directed the Government to undertake the recommended additional safety tests before further impoundment.

2. Compliance with the Environmental Clearance conditions:
The petitioners alleged non-compliance with the conditions attached to the Environmental Clearance granted on July 19, 1990. These conditions included Catchment Area Treatment, Command Area Development, Flora and Fauna preservation, Water Quality Maintenance, and the establishment of the Bhagirathi Basin Management Authority. The respondents provided detailed reports on the progress of these conditions, including significant treatment of degraded areas and ongoing studies on flora and fauna. However, the Court noted that some conditions were not fully implemented and emphasized the need for strict adherence to the principle of sustainable development. The Court directed the establishment of a high-level inter-ministerial review committee to monitor compliance with the environmental conditions before further impoundment.

3. Rehabilitation of displaced persons:
The petitioners highlighted the inadequate rehabilitation of displaced persons, arguing that the rehabilitation conditions should be fulfilled pari passu with the engineering works. The respondents provided details of the rehabilitation efforts, including the allocation of land and financial compensation to affected families. The Court underscored the importance of timely and adequate rehabilitation, noting that displacement of people living in the proposed project sites is a significant issue. The Court directed that all displaced persons should be rehabilitated before six months of submergence and emphasized that no impoundment should occur until rehabilitation is completed.

Conclusion:
The Supreme Court of India, while addressing the issues of safety, environmental compliance, and rehabilitation related to the Tehri Dam Project, underscored the importance of adhering to the precautionary principle and sustainable development. The Court directed the Government to undertake additional safety tests, ensure strict compliance with environmental conditions, and complete the rehabilitation of displaced persons before further impoundment. The cases were transferred to the High Court of Uttaranchal for ongoing monitoring and compliance.