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SUPREME COURT OF INDIA
complied with. They argued, based on the clearance certificate that the
conditions have to be carried out pari passu with the engineering works.
And prayed that the impoundment shall not be allowed till its compliance.
The respondents deny this contention and submit that the environmental
plans connected with the project are to be implemented pari-passu with the
implementation of engineering works and submit that various actions have
already been initiated in this regard.
On the question of Catchment Area Treatment, it is contended that the
Remote Sensing Application Centre, U.P. made a report identifying the
critically degraded areas conforming to the very high and high erodability
classification has been received and submitted to MoEF. Adequate financial
provisions have been made as per requirements depending on the availability
of the funds with THDC for the proposed treatment and at the time of filing
of the first of the counter affidavits as late as in July 1992, 17,700
hectares have already been treated.
Rehabilitation programme has also been taken up in consultation with the
local representatives of the affected population and the Administrative
Staff College of India, Hyderabad. Similar rehabilitation package as that
for Tehri is proposed for families affected by Koteshwar Dam as well as for
those living on the rim of the reservoir. The Government of U.P. had
indicated to the MoEF that implementation of plans is going on and
considerable work has already been completed in this area. Studies had been
conducted by the Botanical Survey of India and Zoological Survey of India
regarding flora and fauna and action plans were under preparation. Water
Quality Maintenance was being modelled on a report to be made by the
Roorkee University and it was assured that Water Quality Monitoring Station
at appropriate time during the construction will be set up. A disaster
management plan has been submitted by the THDC to the Government of India.
On 23.3.1990, by issuance of a notification, the Government of U.P. has set
up the Bhagirathi River Valley Authority. Therefore, it is contended that
formulations of environmental action plans and their implementation is
being carried out pari-passu with the construction of engineering works.
While 10% of expenditure over the estimated cost had been incurred on the
project works, the corresponding expenditure incurred on rehabilitation
works and the environmental measures was 41% and 52% of the estimated cost
respectively as in March 1992. It is, therefore, contended that the
conditional clearance given to the respondents has not lapsed. Even the
Government proceeded on the basis that the project was still a going
project and, therefore, appointed two expert committees even as late as in
1996 to examine - one on the safety aspect and the other on environment and
rehabilitation aspects.
As late as on 14.3.2002 an affidavit has been filed on behalf of the
Government of India. It is pointed out therein that the MoEF while
according environmental clearance to the Project had laid down certain
conditions in their letter dated July 19, 1990. These conditions had, inter
alia, enumerated certain studies which were to be carried out and based on
their findings, action plans had to be drawn up for execution pari-passu
with the construction of the project. It is also pointed out that all the
required studies had been completed and their reports submitted to the MoEF
and these studies indicated that no environmental damage would be caused by
the construction of the project which cannot be remedied by adoption of
appropriate measures and for this purpose, action plans wherever called for
have been and are being formulated for environmental upgradation. It is
further pointed out that implementation of the project and the action being
taken in regard to environmental concerns at the cost of the project would
lead to improvement in the existing environment/ ecology of this region.
HRC was constituted to examine the implementation of various conditions of
environmental clearance except that relating to safety aspects and design
of the Tehri Dam and suggest additional or improved environmental
safeguards, if any, based on data and information now available. HRC, after
examining various documents and discussions with experts, officials and
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