http://JUDIS.NIC.IN SUPREME COURT OF INDIA local people, and visiting the project site, submergence area and catchment areas submitted its recommendations to the Government. After detailed deliberation, the Government of India conveyed its decisions on the implementation of recommendations of HRC on environment and rehabilitation aspects of the Project on 9.12.1998. In this context it is necessary to go into the details of the compliance of each condition. The abovementioned first five conditions are directly connected with the protection of environment vis-a-vis sustainable development. The last two conditions (Disaster Management and Rehabilitation) are due to slightly different reasons. We will deal with it separately. The main controversy in this case is regarding the pan passu compliance of the conditions in the clearance certificate. Before going into any detailed evaluation of these aspects the term ’pari passu’ needs to be explained. The lexical meaning of the Latin word part passu is - at an equal rate or pace, with simultaneous progress, proportionately etc. This term is generally used in the context of creditors who, in marshalling assets, are entitled to receive out of the some fund without any precedence over each other. Any way, the required application of its meaning in the background of the present case is clear. The works, which are fixed up as conditions attached to the clearance, will have to be carried out simultaneously with the engineering works. So by the time the engineering works finishes, the conditions should also have been fulfilled. Environmental Conditions Catchment Area Treatment: Catchment Area is that area from which water is directly or indirectly flow into the river, stream etc. Total catchment area of the Tehri Project is 6921.25-sq. km. This area is divided into 16 sub-watersheds and 149 micro watersheds. Of which, 3557.99 sq. km. are estimated to be snow bound, rocky, precipitous, alpine blanks or within the submergence area. Main purposes of catchment area treatment are to regulate the flow of water, prevention of soil erosion, to minimize the negative impact of the project itself on the catchment and to protect and regenerate vegetation in the catchment area and the water resources. Upon the acceptance of HRC Report, the Union Government entrusts the responsibility of treatment of degraded areas of ’high’ and ’very high’ erodability to the THDC. At the same time the State Government has to formulate separate plans for the treatment of ’medium’ and ’low’ categories of erosion. On principle the Union accepts to treat the entire degraded catchment of all categories. The treatment of entire catchment of high and very high erodability classification has to be completed part passu with the construction of the project. It is submitted on behalf of the Respondents that an area of 37589 ha.-- has been treated till December 2001 and soil conservation measures are being implemented as part of treatment program for upgrading the environment of the entire region. The treatment of the remaining area i.e.; 3670.60 ha, is proposed to be completed by September 2003. On the question of Catchment Area Treatment, it is stated that treating degraded areas in the Bhagirathi catchment started even as early as in 1970. The area coverage under CAT since the inception of the project was 22000 hectares which does not include the areas covered under CAT prior to inception of the project. As per the order of the Government accepting the recommendations of the HRC is that the project authorities should strive to complete as far as possible the treatment of the entire catchment of high and very high erodability classification pari-passu with the construction of the project so as to be completed before commissioning of the project and it would be ensured that all direct draining areas of high and very high erodability must be completed before the ensuing monsoons and the present status of the coverage under this category is as follows : Page 13 of 37

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