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SUPREME COURT OF INDIA
local people, and visiting the project site, submergence area and catchment
areas submitted its recommendations to the Government. After detailed
deliberation, the Government of India conveyed its decisions on the
implementation of recommendations of HRC on environment and rehabilitation
aspects of the Project on 9.12.1998. In this context it is necessary to go
into the details of the compliance of each condition. The abovementioned
first five conditions are directly connected with the protection of
environment vis-a-vis sustainable development. The last two conditions
(Disaster Management and Rehabilitation) are due to slightly different
reasons. We will deal with it separately.
The main controversy in this case is regarding the pan passu compliance of
the conditions in the clearance certificate. Before going into any detailed
evaluation of these aspects the term ’pari passu’ needs to be explained.
The lexical meaning of the Latin word part passu is - at an equal rate or
pace, with simultaneous progress, proportionately etc. This term is
generally used in the context of creditors who, in marshalling assets, are
entitled to receive out of the some fund without any precedence over each
other. Any way, the required application of its meaning in the background
of the present case is clear. The works, which are fixed up as conditions
attached to the clearance, will have to be carried out simultaneously with
the engineering works. So by the time the engineering works finishes, the
conditions should also have been fulfilled.
Environmental Conditions
Catchment Area Treatment:
Catchment Area is that area from which water is directly or indirectly flow
into the river, stream etc. Total catchment area of the Tehri Project is
6921.25-sq. km. This area is divided into 16 sub-watersheds and 149 micro
watersheds. Of which, 3557.99 sq. km. are estimated to be snow bound,
rocky, precipitous, alpine blanks or within the submergence area. Main
purposes of catchment area treatment are to regulate the flow of water,
prevention of soil erosion, to minimize the negative impact of the project
itself on the catchment and to protect and regenerate vegetation in the
catchment area and the water resources.
Upon the acceptance of HRC Report, the Union Government entrusts the
responsibility of treatment of degraded areas of ’high’ and ’very high’
erodability to the THDC. At the same time the State Government has to
formulate separate plans for the treatment of ’medium’ and ’low’ categories
of erosion. On principle the Union accepts to treat the entire degraded
catchment of all categories. The treatment of entire catchment of high and
very high erodability classification has to be completed part passu with
the construction of the project. It is submitted on behalf of the
Respondents that an area of 37589 ha.-- has been treated till December 2001
and soil conservation measures are being implemented as part of treatment
program for upgrading the environment of the entire region. The treatment
of the remaining area i.e.; 3670.60 ha, is proposed to be completed by
September 2003.
On the question of Catchment Area Treatment, it is stated that treating
degraded areas in the Bhagirathi catchment started even as early as in
1970. The area coverage under CAT since the inception of the project was
22000 hectares which does not include the areas covered under CAT prior to
inception of the project. As per the order of the Government accepting the
recommendations of the HRC is that the project authorities should strive to
complete as far as possible the treatment of the entire catchment of high
and very high erodability classification pari-passu with the construction
of the project so as to be completed before commissioning of the project
and it would be ensured that all direct draining areas of high and very
high erodability must be completed before the ensuing monsoons and the
present status of the coverage under this category is as follows :
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