http://JUDIS.NIC.IN SUPREME COURT OF INDIA disaster management cannot be separated from sustainable development. The respondents submit that the Ministry of Agriculture has approved the Disaster Management Plan prepared by the THDC. And added that they are going to dovetail disaster management plan of the state government at the District level into the plan prepared by THDC. As regards the disaster management, the nodal agency is the Ministry of Agriculture and disaster management plan was approved by the said Ministry in 1992 and a Steering group has been constituted by the Government in every district under the chairmanship of district magistrate for flood fighting and related activities and the Steering group will implement the disaster management plan in case of any eventuality from the dam. The Government of Uttaranchal has also constituted a Steering group under the Chairmanship of the Principal Secretary (Irrigation and Energy), to meet any emergency situation due to the dam. But effectiveness of all these exercises is in the proper carrying out of management activities. Rehabilitation : The construction of Tehri and Koteshwar dams will result in the formation of two lakes having a spread of 42 sq. kms and 2.65 sq. kms respectively at full reservoir levels. The Tehri dam will submerge Tehri town and 22 villages. Another 74 villages will be partially affected. A major potion will get affected in the first phase with the construction of the Cofferdam and the remaining by final impoundment. In addition 2 villages fully and 14 villages partially will be affected by the Koteshwar dam. By the construction of New Tehri Town, project works and colony construction will affect another 13 villages. In total, Tehri power project will affect 37 villages fully, 88 villages partially and the Tehri town. Rehabilitation of these much-affected people is the main issue before us. Rehabilitation is not only about providing just food, clothes or shelter. It is also about extending support to rebuild livelihood by ensuring necessary amenities of life. Rehabilitation of the oustees is a logical corollary of Article 21. The oustees should be in a better position to lead a decent life and earn livelihood in the rehabilitated locations. Thus observed tnis Court in Narmada Bachao Andolan’s case (supra). The overarching projected benefits from the dam should not be counted as an alibi to deprive the fundamental rights of oustees. They should be rehabilitated as soon as they are uprooted. And none of them should be allowed to wait for rehabilitation. Rehabilitation should take place before six months of submergence. Such a time limit was fixed by this Court in B D Sharma v. Union of India, [1992] Supp 3 SCC 93 and this was reiterated in Narmada. This prior rehabilitation will create a sense of confidence among the oustees and they will be in better position to start their life by acclimatizing themselves with the new environment. The rehabilitation package is prepared. It is also made clear that the rehabilitation conditions in this case are also applicable to the oustees of Koteshwar dam as well as those living on the rim of the reservoir and to all those who are likely to be affected by the project. The concerned authorities will have to take proper steps to rehabilitate all those who are entitled for rehabilitation before six months of the impoundment. Without the completion of rehabilitation there shall not be any impoundment. According to the affidavit filed by M.L. Sharma, Under Secretary, Ministry of Power, on behalf of the Union of India, reported on the status of the follow-up action on the recommendations of the two expert committees constituted by the Government of India on environment and rehabilitation aspects of the project and that the recommendations made by the HRC were considered by the Central Government in consultation with the Government of U.P. and it was decided to implement those recommendations as per the decisions indicated against each of the recommendation annexed to the Office Memorandum dated December 9, 1998. It is also made clear that the Page 17 of 37