http://JUDIS.NIC.IN SUPREME COURT OF INDIA The RIO declaration of environment and development in the United Nations’ Conference held in June 1992 to which India was a party and signatory and on which the Environment Protection Act, its Rules and Policies are modeled, obligates the Authorities of India by the norms fixed in International and Domestic Law that "the environmental and natural resources of people under operation, domination and occupation shall be protected." A mention has already been made above of the lates rehabilitation policy framed by the Government of India and relevant part has been quoted. These legal and policy obligations are enforceable against the State. In my considered option, therefoe, the present status of dam project, keeping in view the pan passu condition on which "environmental clearance" has been granted by MoEF, calls for issuing following directions to the respondents who represent various Ministries & departments of Central and State Government as also the Corporation to which the project has been entrusted for implementation. (1) The Central Government in terms of the recommendations of Expert Committee for Environmental Impact Assessment as contained in Schedule III of the Notification dated 27th January, 1994 issued in exercise of powers under sub-section (i) and Cl.V of sub-section (2) of Section 3 of Environment (Portection) Act, 1986 read with Cl.(f) of sub-Rule (3) of Rule 5 of Environment (Protection) Act, 1986 shall constitute a Committee of Expertrs and representatives of NGOs (if not already constituted) for the purpose of investigating, ascertaining and reporting whether the pari passu condition laid down in the environment clearance of the Project have been fulfilled or not by the authorites of the Project. The aforesaid committee will inspect and report on the status of the work to the Central Government every three months and in case the conditions, as laid down in the clearance, are not fulfilled recommend the remedial or corrective measures/ actions. (2) To take care of the safety aspect,until 3-D Non-Linear Analysis and Dam Break Analysis are completed as recommended by the Committee on safety and the result assessed by the aforesaid Expert Committee is submitted to the Central Government, diversion tunnels T1/T2 for impoundment of the Reservoir shall not be closed. (3) The Expert Committee for environment Impact Assessment constituted under Schedule III of Notification dated 27th January 1994 will also look into and submit status report on the progress of resettlement and rehabilitation measures. There will be no impoundment of the Reservoir untill resettlement and rehabilitation work is fully completed in all respects. (4) An effective Grievance Redressal Cell headed by an independent expert in the field of social science shall be set up by the State Government with the help of Central Government for solving rehabilitation and resettlement problems of the oustees of the Project. The Grievance Redressal Cell shall submit its status report every three months to the Expert Committee constituted under Schedule III of the notification (supra). This writ petition succeeds to the extent of directions made above. All connected matters and applications also stand disposed of. The petitioners shall be entitled to all costs incurred by them in prosecuting these petitions in public interest from the respondents who will share them in equal proportion. Page 37 of 37