Saturday, 17 December 2011

{DUU-9} From Nainital Heigh Court 25-10-2005

Govt. is ready to close down the last diversion tunnel No. 2.
Next hearing is in Uttaranchal High court on 26-10-05 on three cases.
In an order delivered on 6th October Uttaranchal High court Chief Just. Cyriac Joseph and Just. C.S. Rawat said

We are of the view that a very high level committee like the Inter-ministerial Review Committee (IMRC) should be given an opportunity to examine the report of the Project Level Monitoring Committee in the light of the serious objections raised by the petitioners. The IMRC is better equipped to consider and decide whether rehabilitation has been completed so as to permit the Tehri Hydro Development Corporation (THDC) to close Tunnel T2. Till such consideration by IMRC, it is not proper to permit THDC to close Tunnel T2. The petitioners can be given an opportunity to raise their objections and grievances with regard to rehabilitation before the IMRC.
Court directed all the petitioners to raise their specific objections and grievances with regard to the rehabilitation to the IMRC. Petitioners shall submit their written representations directly to the Sec. MoEF. But this is all only for under 760 meter reservoir level not for the full.
Court ordered to the govt. to file IMRC decision to the court on or before 19-10-2005.
Adv. Sanjay Parikh raised all the issues come under the Environment Clearance including rehabilitation etc.
All the petitioners (Three cases one is N. D. Jayal and others, second is Shanti Prasad and others, third is P.D. Juyal and others) submit their written representations to the Sec. MoEF.
On 21-10-05 again cases were heard by High court of Uttaranchal. Court pointed out that in the IMRC minutes there is no reference of Shanti Prasad and P.D. Juyal. While govt. lawyers clarify that only name is not there but IMRC consider issues rose by Shanti Prasad’s and P.D.Juyal issues are above 760 meters. Court asked to file another additional affidavit to clarify this. Meanwhile other can also file counter affidavits.
And not the next hearing is 26-10-2005.
Development for all, not only for few.

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