http://JUDIS.NIC.IN SUPREME COURT OF INDIA experts, environmentalists and human rights activists. The court is faced with an issue not easy to decide as to which Section of experts and environmentalists is right in their approach. Ours is a constitutional democracy and we are called a ’Welfare State’. "Welfare" not mean that we have only to strive for fulfillment of political theory "Greatest good of greatest number". Our motto from vedic times has been sarva jan Hitay, sarva jan sukhai (benefit of all and happiness of all). Our Vedic prayer is .... "Let all be happy, let all be sin-free, let everyone see good in everything. There should be no suffering anywhere. " It is, therefore, necessary that when a multimillion big dam project is undertaken to generate electricity and for providing water for irrigation and dirnking, we should not leave those living by the side of river from generations to a suffering by displacement to a far off place which would deprive them of their life and life style. In the march of progress, the humblest and the weakest should not be left behind. Man living in the hills or valleys is dependant for survival on natural resources. To remove him and rehabilitate him in the plains is taking a fish from the river and putting it into a artificial reservoir or an equarium where it might survive but can never be happy. All efforts are, therefore, required to be made that the dispalced or oustees, who were hitherto getting benefits form the river for their survival, are adequately compensated by minimum possible disturbance to their life sources and style of life. In implementation of large river dam projects the utmost concern of the State should be interest of the oustees. Before electricity is generated and drinking water is made available to urban population up to Delhi, care has to be first given to the needs and demands of the people who live in the hills and valley and face ouster. Before the reservoir is full to its optimum capacity to generate electricity and provide irrigation, the work of rehabilitation to the optimum satisfaction of the oustees must be completed. In this direction, the affidavit filed by the Ministry of Environment, does not vouchsafe that the work of rehabilitation has been completed to the satisfaction of not only the officials of the rehabilitation department but the oustees themselves speaking individually or collectively. On behalf of Union of Inida and the Tehri Development Corporation, the separate reply on affidavit has been filed to counter the allegations made by the petitioner that the conditions granted in the order of clearance given by the Ministry fo Environment have not been complied with Learned counsel Shri Kirit Rawal made strenuous effort by taking us through to the several reports of the committees received from time to time. The techinical data and other information collected in this matter of fulfillment of the conditions of clearance have all been placed before us. The submission made is that where the conditions imposed for clearance are to be implemented pari passu with the engineering works, it is comtemplated by the conditions themselves that side by side with the engineering work, the conditons to protect environment for treatment of catchment area, development of Common Area and rehabilitation will go on. In a project of such huge dimensions involving multifarious engineering and non-engineering activities, fulfillment of conditions laid down to undertake the Project have to be taken up simultaneously with the construction work of the dam and proportionately with the progress of engineering work. A Chart to show such progress has been submitted by Tehri Development Corporation to impress upon this Court that although the time schedule has not been strictly adhered to because of the several difficulties and obstructions in the progress of the project, the conditions have been achieved in proportion to the engineering work already taken. It is submitted that Corporation is not guilty of non-fulfillment of the conditions and no prohibitive action is called for. Page 30 of 37