http://JUDIS.NIC.IN SUPREME COURT OF INDIA report in October 1986 and endorsed the view of the Expert Committee. In November 1986, the erstwhile USSR offered administrative, technical and financial assistance on a turnkey basis and the Tehri Project was revived as recipient of such aid. In November 1986, a Protocol was signed with USSR for providing technical and financial assistance for this project to the tune of 1000M Roubles. Thus the need to obtain environmental clearances even in the absence of Environmental Action Plans became urgent so as to quickly complete all administrative and technical formalities. In January 1987, the Government announced in the Press that it has cleared the project after a thorough assessment of the impact of the project on environment and after satisfying themselves that the adverse impact on environment can be remedied. A general agreement was signed in Moscow and it was decided that the dam construction would be carried out jointly by Soviet and Indian Engineers. Thereafter, the project, which was initially executed by the Irrigation Department of the Government of U.P. has been taken over by the joint venture company of the Government of India and the Government of U.P. The company was called Tehri Hydro Development Corporation Ltd (THDC). In July 1989, MoEF revised cost estimates and released further funds, conditional to its prior environmental clearance. Accordingly, THDC formulated Environment Action Plans for consideration and assessment by MoEF. In February 1990, the Environmental Appraisal Committee, MoEF concluded that the Tehri Dam Project, as proposed, should not be taken up as it does not merit environmental clearance. Subsequently, On July 19, 1990, conditional clearance to the project was given by MoEF. It was specifically provided that completion of status, formulation of action plans and their implementation will be scheduled in such a manner that their execution is pari-passu with the construction, failing which the engineering works would be brought to a halt and this condition will be enforced among others under the provisions of the Environment Protection Act, 1986. The petitioners raised the question before taken in 1990 to abandon the project as to July 19, 1990? Again they pointed out that consequences of the implementation lagging project was allowed to continue. us that when a decision had been how clearance could be given on on 21.10.1994 serious behind was taken note of but the From the narration of various events set out earlier, it is clear that even by August 1986 an expenditure of Rs.206 crores had been incurred for the construction of the dam. It is after the THDC Action Plans for consideration and assessment by MoEF have been submitted. These were considered on two occasions: firstly, in February 1990 and again on July 19, 1990 and it is thereafter the conditional clearance was given. It is contended that the environmental clearance which was granted on July 19, 1990 is without proper application of mind and, therefore, the dam construction should not be allowed to proceed. The law on this aspect has been clearly set out in the decision of this Court in Narmada Bachao Andolan v. Union of India, [2000] 10 SCC 664. As in the present case, in the case of Sardar Sarovar Project also, four identical conditions were imposed and they are as under: "(i) NCA will ensure that environmental safeguard measures are planned and implemented pari-passu with progress of work on project. (ii) The detailed surveys’ studies assured will be carried out as per the schedule proposed and details made available to the Department for assessment. (iii) the catachment area treatment programme and the rehabilitation plans be so drawn as to be completed ahead of reservoir filling. (iv) The Department should be kept informed of progress on various works periodically." The effect of grant of clearance subject to pari-passu conditions has also Page 2 of 37