http://JUDIS.NIC.IN SUPREME COURT OF INDIA for abandoning the Project, Surprisingly, the continuance of the Project was entrusted to a Committee of Secretaries. The Committee re-assigned the task to the Department of Mines. The Department of Mines relied on the opinion of Prof. Jaikrishna who is an earthquake Engineer when Dr. V.K. Gaur who is seismologist had given a dissenting opinion and so also the foreign expert Dr. N. Brune. It is after this re-appraisal of Project from safety point of view by the Department of Mines based on the expert opinion of earthquake Engineer Prof. Jai Krishna, clearnance given was given on 19.7.1990 to the Project by the Ministry of Environment and Forests. Since by this time the Environment Protection Act 1986 with Environment Protection Rules framed therefunder had already come into force making it a statutory requirement to obtain clearance from the Environment Department for undertaking the Project of such dimension affecting environment, ecology and human beings, only a conditional clearance was granted to the Project. The various conditions subject to which the environmental clearance to the Project was granted have been reproduced in the opinion of learned Brother S. Rajendra Babu J. The final condition stated thus: if the completion of studies, formulation of Action Plan and their implementation to be scheduled in such a way that their execution is pan passu with the engineering works is not adhered to, all engineering works of the Project should be stopped and this condition will be enforced under the Provision of Environment Protection Act 1986. The Ministry of Environment and Forests wrote a letter on 12.4.1991 expressing dis-satisfaction on failure to comply with the conditions on which environmental clearance was given. The respondent-Corporation was directed to submit comprehensive Environmental Plan for effective implementation failing which remedial or prohibitive action under the Act of 1986 was proposed. On 5.1.1991 the petitioner gave a notice under Section 19B of the Act to the Secretary of the Ministry of Environment and Forests stating that the result of non-fulfillment of condition of clearance of the Project by the Corporation, direction should be issued to stop the Project work. Significantly, after service of this notice on 21.10.1991 an earthquake measuring 6.1 on Richter scale hit the Garhwal region causing massive damages to Uttarkashi and Chamoli villages killing 2,000 people. Damage was also caused to constructions for dam already made and Tehri town itself. The Power Ministry, however, maintained that half finished Dam works, were not damaged. This earthquake which shook Garhwal region naturally revived dabates and protests on the location of the Dam and its safety in such a highly earthquake prone region. The petitioners again raised the question as to whether the Dam as designed and completed would withstand likely earthquakes of more than 6.1 on Richter scale. The present petition was filed on 7.12.1991 in which issues of safety of the Dam, its adverse impact on environment, displacement of people and their rehabilitation have all been raised. Specific issue has been raised that due to non-fulfillment of the condition of environmental clearance, there is no legal justification to allow further construction works at the Dam site. In the communication dated 21.10.1994, Additional Director, Ministry of Environment clearly mentioned that after grant of clearance in 1990, ’the status of implementation of various safeguard measures were lagging far behind’. It was also pointed out that there is an urgent need to evolve monitoring mechanism for the Tehri Dam Project. On 5.12.1995 through an intervention application a leading Human Righ Activist of Garhwal Shri Sunder Lal Bahuguna sought opportunity of participation in the case by producing on the soot studies of the impact of the Project on the environment and the people of the region. On the orders of this Court made in this petition on 17.7.1996 the Government set up two Expert Committees; one on the safety aspects and Page 27 of 37