DECISION OF TEHRI DAM CASE
According to petitioner’s council Adv. Sanjay Parikh :------
The majority judgement delivered by Justice Rajendra Babu for himself and Justice S.B. Mathur have observed that there was slackness on the part of the Government and Authorities to comply with the conditional clearance. They have directed that there will not be further impoundment and the tunnels T-1 and T-2 will not be closed down unless the affected people are resettled and rehabilitated. They have further directed that the monitoring of rehabilitation and resettlement as well as environmental conditions will be monitored through existing monitoring mechanism. The petitioners have been allowed to approach the High Court of Uttaranchal in this case.
The minority Judgement delivered by Justice Dharmadhikari, which is a dissenting view, has said that where the conditions regarding pari-pasu were compiled with or not will be looked into by an environmental committee and that till the conditions relating to the 3-D non-linear analysis as well as dam break analysis are cleared no further impoundment shall take place and tunnels in T-1 and T-2 will not be closed down. The minority Judgment also directed that the environmental conditions and rehabilitation will be looked into by separate committee, which will be submitting its report to the Environmental Committee. The minority also constituted an affective grievance redressal mechanism.
After getting full judgment we will be able to send you that also.
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