Tuesday, 13 December 2011

Action Alert 2-9-2003

Tehri Dam Judgements

most of you know through media that three Judges bench of Supreme Court, gave a very bad judgement in Tehri Dam case on 1st of September 2003. Three of them did not consider any demand on rehabilitation, not even Hanumantha Rao Committee recommendations etc. If you have any suggestions, please tell us.

One inter-ministerial committee had been already appointed. That committee visited Tehri Dam effected area in June last week and gave report against govt.’s claimed. But they are not ready to listen people. We had sent you that report.
Next meeting ofHigh level co-ordination meeting on rehabilitation of Tehri Dam ousteesis on 8th September in Dehradoon. Govt. is saying that rehabilitation is complete till 780M of Reservoir Level (from the see level). Total height of the Tehri Dam is 840M. Govt. also claiming that they will also complete rehabilitation till 840MRL in December 2003.
In the light of even in this bad judgment we have to prove in the committee that this is wrong.
Can we ask from you to write a letter to the editor or article in the newspaper?
These are the recommendations of both of the judgment; if you want full Judgment please ask us for soft copy.
Majority Judgement, which has been given by Justice S. Rajendra Babu and Justice G.P. Mathur, said: -
It is made clear that the condition of pari-pasu implementation of conditions prior to the commissioning of the project shall be closely monitored under the existing mechanism set up by MoEF and the project authorities will ensure that prior to closing of diversion tunnels T1/T2 for impoundment of the reservoir, evacuation, resettlement and rehabilitation are completed in all respects. In addition, the catchments area treatment of direct draining areas shall be completed and the project authority will obtain clearance from MoEF before closing the outlet at El 700 m. An additional affidavit has also been filed on behalf the union of India to the effect that a high level inter-ministerial review committee would be constituted consisting of secretaries of the concerned Ministries of the Central Government to examine various aspects and closely monitoring of the same. It is only after the completion of these conditions, impoundment would start. This categorical statement made by the respondents should assure the petitioners that no impoundment would be allowed until all the conditions in the Environmental Clearance Certificates of the Tehri dam dated July 19,1990 are complied with and stand fulfilled.”
Direction of Minority Judgement given by Justice D. M. Dharmadhikari: -
(1) The central Government in terms of the recommendation of Expert Committee for Environment Impact Assessment as contained in schedule III of the Notification dated 27th January, 1994 issued in exercise of powers under subsection (i) and Cl.V of subsection (2) of section 3 of Environment (protection) Act 1986 read with Cl.(f) of sub-rule (3) of Rule 5 of Environment (protection) Act 1986 shall constitute a Committee of Experts and representatives of NGOs (it not already constituted) for the purpose of Investigating, ascertaining and reporting whether the pari passu condition laid down in the environment clearance of the project have been fulfilled or not by the authorities of the project. The aforesaid Committee will inspect and report on the status of the work to the central Government every three months and in case the conditions, as laid down in the clearance, are not fulfilled recommend the remedial or corrective measures/actions.
( 2) To take care of the aspect, until 3-d Non-linear Analysis and dam Break Analysis are completed as recommended by the committee on Safety and the result assessed by the aforesaid Expert committee is Submitted to the central Government, diversion tunnels T1/T2 for impoundment of the reservoir shall not be closed.
(3) The Expert Committee for environment impact Assessment Constituted under Schedule III of Notification dated 27th January 1994 will also look into and submit status report on the progress of resettlement and Rehabilitation measures. There will be no impoundment of the Reservoir until resettlement and rehabilitation work is fully completed in all respects.
(4) An effective Grievance Redressal Cell headed by an independent expert in The field or social science shall be set up by the State Government with the help of Central Government for solving rehabilitation and resettlement problems of the outees of the project. The Grievance Redressal Cell shall Submit its status report every three months to the Expend Committee Constituted under schedule III the notification (supra)
This writ petition succeeds to the extent of directions made above.
In Solidarity

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