http://JUDIS.NIC.IN SUPREME COURT OF INDIA (a) The THDC will set up water quality monitoring stations to monitor the quality of reservoir water. (b) The THDC will initiate a water quality modeling study to formulate the measures needed to preserve the water quality and prepare an action plan to implement the measures recommended by such a study. 3.6. Disaster Management A disaster management plan will be worked out by THDC by 31.3.1991 in consultation with the likely affected population and the area authorities. 3.7. Bhagirathi Basin Management Authority The Department of Power will ensure the setting up of the Bhagirathi Basin Management Authority on a statutory basis through legislative action before 31.3.1991. (C) The completion of studies, formulation of action plans and their implementation will be scheduled in such a way that their execution is pari passu with the engineering works failing which the engineering works would be brought to a halt without any extraneous considerations. These conditions will be enforced, among others, under the provisions of the Environment (Protection) Act, 1986." In a letter sent on 21.10.1994 by the Additional Director, MoEF, it is noticed that even though the Tehri Dam Project was accorded environmental clearance in July, 1990, the status of implementation of various safeguard measures is lagging far behind. A communication had been sent as early as in February, 1990 containing the report of the Environmental Appraisal Committee, Ministry of Environment and Forests, Government of India wherein it is stated as under :"...after a careful examination of the information and data available, the Committee has come to the unanimous conclusion that the Tehri Dam Project, as proposed, should not be taken up as it does not merit environmental clearance." It was also mentioned in another letter dated 19.7.1990 that "conditional clearance to the project was given by the Ministry of Environment and Forests. It was specifically provided that completion of status, formulation of action plans and their implementation will be scheduled in such a way that their execution is pari passu failing which the engineering work would be brought to a halt. This condition will be enforced among others under the provisions of the Environment (Protection) Act, 1986. " On 12.4.1991 another letter was sent again noticing the failure of Tehri Hydel Development Corporation (THDC) to comply with the conditional environment clearance and pointed out total dissatisfaction on the compliance contained in the conditional clearance. It was stated that THDC should submit comprehensive environmental plans as a component of the overall environment management plans and that the plan should be effectively implemented failing which action under the Act would be initiated. On 5.9.1991 a notice under Section 19(b) of the Act was issued for stopping the work on Tehri Hydro Electric Project on the ground that the non-fulfilment of conditions provided in the environmental clearance within the stipulated time frame has resulted in the lapse of the said clearance and, therefore, the work of the project should be stopped immediately. It is on the basis of these communications it is contended that as to why decision to continue the project was taken on 21.10.1994 even though the consequence was disastrous as the implementation was lagging behind. Thereafter, it was noticed that on various aspects follow up is required as mentioned hereunder :- Page 10 of 37