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SUPREME COURT OF INDIA
in Tehri town and in surrounding area of Garhwal who are likely to be
dispalced fo completion of the Project. They have also raised issues of
great importance such as the safety of the Dam and the likely devastation
and loss of properties and lives of the people in the down stream, if the
Dam, being situated in a highly earth quake prone area, bursts or leaks. It
is stated that structurally the dam may be incapable of withstanding
earthquake of above seven on Richter scale. It is submitted that great
danger is posed to down stream cities and population particularly the holy
Pilgrim centres like Haridwar and Rishikesh which are in danger zone. The
structural flows of the dam and rehabilitation policies provoked public
agitation and international attention. The Dam Project was stopped which
had begun in 1978. A petition was filed in this Court by Tehri Banch
Virodhi Sangh Samiti in the year 1985 for intervention of the Court to stop
construction of the Dam as it puts great threat to the safety and lives of
the people living in surrounding villages and towns and also holy places
down stream. The petition was dismissed by this court and the decision is
reported in [1992] Suppl. 1 SCC 44. The Court relied on the techincal data
furnished by the Government which had prepared the Plans for Tehri Dam
Project and held that since all aspects of safely have been taken into
account by Indian and foreign Experts, the Court has no ground before it to
restrain the authorities from proceeding ahead with the implementation of
the Project.
In the year 1986, the Soviet Union agreed to fund the project with loan on
concessional terms. As a part of the agreement with the Government of India
for funding the Project, the Soviet Experts conducted a review of the
proposed Project and gave a finding that the highest seismicity of the
Tehri area had not been adequately taken into consideration by Indian
planners. The combined Soviet and Indian teams also found that the life of
the Dam claimed to be 100 years may not be accurate and its life would be
62 years or less. They also found that about 85,600 people would be
displaced by the project.
At this stage of hearing of the case, several developments which took place
in the interregnum are required to be stated. As a result of public
agitation and protest from the people of Garhwal region to the Project for
construction of Dam, in March 1980, the then Prime Minister of India
intervened and directed an in-depth review of the Project by an expert
group constituted by the Ministry of Science and Technology. The technical
group submitted its report in 1986 and recommended abandonment of the
Project despite expenditure already incurred in the sum of Rs. 2,006
crores. Environmental Appraisal Committee (EAC) which is a Expert Body
within the Ministry of Environment and Forests recorded a unanimous
conclusion that Tehri Project did not merit environmental clearance and
should be dropped. The Tehri Project was thereafter revived only when USSR
Government agreed to provide technical and financial assistance. The Dam
Project which was initially taken up by the Irrigation Committee of
erstwhile State of Uttar Pradesh was taken over by a joint venture company
of Government of India and State Corporation viz., Tehri Hydel Development
Corporation (respondent herein). The Corporation took over the construction
of Dam in July 1988. The Corporation reformulated Environment Policy. It
was in February 1990 that the EAC in the Ministry of Environment and
Forests came to the conclusion that taking into consideration the risks and
hazards involving ecological and social impact with huge cost and less
benefits, the Dam Project does not merit environmental clearance. The exact
words of EAC are as under :
"Therefore, taking into consideration the geological seismic setting, risks
and hazards and ecological and social impact accompanying the Project, the
costs benefits expected and and after a careful examination of the
information and data available, the Committee has come to the unanimous
conclusion that Tehri Dam Project, as proposed, should not be taken up as
it does not merit environmenal clearance".
In normal course, the conclusion of the EAC should have closed the matter
Page 26 of 37
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