http://JUDIS.NIC.IN SUPREME COURT OF INDIA responsibility of seeing to the enforcement of the laws and examine the complaints, mostly made by the local inhabitants, about the infringement of the laws and spreading of pollution or degradation of ecology." [See : Indian Council For Enviro-Legal Action’s case (supra), at p. 301] Proceedings arising under Article 32 need not always be dealt with by this Court alone and in appropriate cases suitable directions, including transfer of the matter, can be issued to High Courts or other authorities (Like, National Human Rights Commission) to deal with such matters. Thus, we find that it is legal and expedient to transfer these cases to the High Court of Uttaranchal. Accordingly, with these directions, this petition shall stand disposed of. T.C. (C) NO. 50/1996, NO. 53/1996 : T.C. (C) NO. 51/1996, T.C. (C) NO.52/1996, T.C. (C) In the light of the orders made in Writ Petition No. 295 OF 1992, these Transferred Cases shall stand disposed of in the same terms as set forth above. DHARMADHIKARI, J. : Having carefully perused the opinion of learned Brother S. Rajendra Babu J. I find myself unable to agree with him that no directions to the respondents in this Writ Petition are required. In my considered opinion, looking to the dimensions and implications of the case on environment and human rights a monitoring mechanism is required to be set up and activated to ensure compliance of the conditions on which clearance was granted to the construction of a dam in Himalayan Valley near Tehri. It may be legal but not efficacious to transfer this writ petition under Article 32 of the Constitution of India to the High Court of Uttaranchal for monitoring the compliance of the conditions on which environmental clearance was given to the Tehri Dam Project. With utmost respect, therefore, I have considered it necessary to record my separate opinion with conclusions containing the directions which are required to be issued to the respondents in theis writ petition. Learned Brother S. Rajendra Babu J. has in detail given necessary facts an events leading to the fillign the writ petition. I would, therefore, confine myself to giving the necessary background on which my opinion and conclusions are based. In this writ petition under Article 32 of the Constition of India filed by the petitioners in public interest, directions are sought to be issued to the respondents, representing the authorities and Corporation or Union and State Governments, to take necessary measures for protecting environment and human rights which are likely to be adversely affected by construction of Dam in the Valley of Himalayas near Tehri town of the new State of Uttaranchal. The rivers Bhagirathi and Bhilangana rise from glaciers in the Himalayas, part of Garhwal of erstwhile North-Western UP and now part of the new State of Uttaranchal. The two rivers flow south to the plains to form confluence as the Holy river Ganga. Close to the Garhwal town of Tehri at the confluence of two rivers Bhagirathi and Bhilangana more than three billion $ clay core rockfill dam is beign constructed in the upper Ganga basin. The dam area will cover 45 kms. Bhagirathi valley and 25 kms. Bhilangana valley with water spread over an area of 42.5 sq. kms. which will submerge nearly 100 villages including the town Tehri as many as 90,000 families will be relocated as the result of the dam project. The Government of India and the State of Uttranchal claim that the dam project had undertaken to generate 2,400 mg. watt of electricity and will create irrigation facilities for 2,070 lakh hectares of land. There are plans also to create supply of 500 cusecs of water of New Delhi. Human Rights and environment activists have approached this Court to protect the interest of general public and particularly the people living Page 25 of 37