http://JUDIS.NIC.IN SUPREME COURT OF INDIA the CMD, THDC and having Government officials and public representatives as its members, monitors the progress and coordinates between different departments about the progress of work and redresses the difficulties experienced by different departments and partially affected families and give its decision/directions. The Government has also set out details on the Project Works to which reference at this stage may not be necessary. On the question of resettlement and rehabilitation, the first phase covering those affected due to construction of coffer dam and closure of diversion tunnels T3/T4 is complete and in the second phase, all remaining families to be affected due to impoundment of reservoir would be rehabilitated. Details of the same are set out as under : "Urban Total Affected Families: 5291 [100% families have been compensated in the form of houses, plots and shops except affected families from Koteshwar dam] Gramin Total Affected Families: 9239 [Compensation paid - 7291 compensation yet to be paid -1948]." It is no doubt true that in regard to certain aspects such as Catchment Area Treatment, conditions imposed are not fully implemented and it is not very clear from various affidavits filed whether in regard flora and fauna also the conditions have been fulfilled or not. When pari-passu conditions have been imposed, it is necessary that the conditions are fulfilled along with the construction of the engineering works. In refuting the contention of the petitioners that impoundment in the reservoir has been done before the pari-passu implementation of environment and forest conditional clearances, it is stated as follows: "Diversion tunnels on the right bank, T3/T4 have been closed in December 2001 for taking up construction of stilling basin and shaft spillway. The reduced levels of T3 and T4 tunnels are 606 M and 609 M respectively. Diversion tunnels on the left bank, Tl/ T2 have been kept open for discharging the water downstream. The reduced level of both Tl and T2 is the same viz., 632 M. The current quantity of discharge remains unabated from the discharge prior to the start of project construction. There is no alteration/ reduction in quantity of water discharged from the river prior to taking up the project and as of now. The maximum discharge in the river observed during floods in the year 1978, that is 3669 cumecs. Impoundment in the reservoir is generally done for the purpose of deriving benefits from the storage by creating facility for irrigation, drinking water supply, power generation etc. As a matter of fact, none of the benefits are presently accruing from the project at the current stage. Diversion tunnels T3/T4 have been closed for taking up construction of stilling basin before they are permanently closed." It is submitted on behalf of the respondents that the initial impoundment in the reservoir will start with the closure of diversion tunnels T1/T2 and water level rising to EL 700 M. The maximum draw down level is EL 740 M. The reservoir spread at EL 700 M will be 10 sq. km. Compared to full reservoir spread at 830 M of 44 sq.km. The present water spread of reservoir at EL 632 M is 1.2 sq.km. only. It is also made clear on behalf of the respondents that this implied that commensurate safeguards in the works related to Catchment Area Treatment, Command Area Development, Rehabilitation and resettlement, protection of flora and fauna, disaster management plan, etc. are ensured along with the progress of the construction works and it was also implied that the completion of project meant rise in water level in the reservoir and simultaneously increase in the water spread. It is made clear that the condition of pari-passu implementation of Page 23 of 37