http://JUDIS.NIC.IN SUPREME COURT OF INDIA other on the environment and rehabilitation aspects. The case stood thereafter adjourned several times awaiting the report of the Expert Committees. The subsequent developments were reported to this Court that the Reports of the Committees were under consideration of National Committee of seismic design parameters and an Inter-Ministerial Committee of Secretaries of the Department of Environment and Rehabilitation. On 27.10.1998, an affidavit was filed by Secretary, Ministry of Power indicating that the State Government has given its concurrence to the Report of the Committee on Environment and Rehabilitation aspects. On 2.2.1999 again an affidavit was filed by the Secretary, Ministry of Power placing on record the Government of India’s decision to implement the recommendations of both the Committees. In the said affidavit it was also stated that the Government had issued a final order accepting conclusions of group of experts on safet aspects. It is reported, that there is no necessity to undertake further steps as recommended by the experts viz. (1) 3-D Non-Linear Analysis of Dam to evaluate its performance against the maximum credible earthquake (2) Simulated Dam Brake Analysis suggested to be undertaken as a matter of abundant caution by the four experts. It may be mentioned that in the mean time the new State of Uttranchal having been formed comprising Garhwal in which the site of dam falls, the State of Uttranchal has been impleaded as the successor to the erstwhile State of Uttar Pradesh. The learned counsel appearing for the petitioner and the intervener in their separate submissions mainly raised two questions based on the constitutional law and the statutory laws i.e. the Environmental Act and the Rules framed thereunder. The thrust of the argument is that from safety aspect and from adverse impact on environment and human life of the area and more so when conditions on which clearance to the Project had been given have not been fulfilled, this Court should interdict the Project at least till all conditions are fulfilled to the complete satisfaction of the Department of Environment, and this Court. It is undeniable that execution of river valley projects is an important element of growth and development strategy. The dams have become symbol of national development. The dams too have potentials of solving many economic problems. Control of floods, famines, food shortages, unemployment, urban water shortages and the power shortages are all possible with the help of execution of such dams. These projects do have benefits but they have adverse environmental implications. Tehri dam project is in the valley on Himalayas. The Dam project would involve ousting of thousands of poor villagers and farmers living in the valley. The old Tehri town would be under submergence. The new Tehri Town has been raised and being developed. The basic environmental issues are saving the flora and fauna that is abounding the region. The other aspect is of danger to the upstream and down stream human population because Tehri dam area and surrounding Uttarkashi area had already suffered successive earthquakes in short intervals and the area is known to be seismically unstable. It is held by the exprets, as earthquake-prone. The Project will also destroy and has already destroyed to a large extent forest tracks. Along the river deforestation has endangered the river itself and after impounding of water there would be large scale erosion of river bank. When such projects are undertaken, there are competing claims of technocrats and engineers eager to put the country on the path of development and environmentalists who see a serious danger to ecology and environment. These are the two conflicting claims and aspects which need Court’s intervention for a balanced approach and consequential remedial action. The problem before the country with more and more dam projects being undertaken is how to make use of natural resources for improving human health, welfare and comfort without depleting or damaging them over a foreseeable period of time. A strategy for conserving or resources-effective use of non-renewable resources is the imperative demand of modern times. Whereas, minimum sustainable development must not endanger the natural system that supports life on earth, constant technological efforts are demanded for resourceseffective production, so that sacrifice of one eco-system is counter balanced or compensated by recreating another system. Page 28 of 37