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SUPREME COURT OF INDIA
question as to whether the government was conscious to the inherent danger
as pointed out by the petitioners and applied its mind to the safety of the
dam. We have already given facts in detail, which show that the government
has considered the question on several occasions in the light of the
opinions expressed by the experts. The government was satisfied with the
report of the experts and only thereafter clearance has been given to the
project."
In the present case the Government, even after the decision of this Court
which did not interfere with the decision of the Government on safety
aspects in Tehri Bandh Virodhi Sangarsh Samiti’s case (supra) again
seriously examined safety aspects as a matter of precaution. The Office
Memorandum dated 1.2.1999 of the Ministry of Power, Government of India,
before us testifies this position. Green signal for further works was given
by the Government after satisfying itself with the safety of the dam. A
mere revisit to the earlier decision cannot be counted as a sign of doubt
regarding the dam safety. If the Government so desires they could have
abandoned the Project. The necessity or effectiveness of conducting 3D NonLinear Test or Dam Break Analysis were taken into account by the Government
and if the Government decided not to conduct such tests upon the opinion of
the concerned expert bodies, then the Court cannot advice the Government to
go for such tests unless malafides, arbitrariness or irrationality is
attributed to that decision. The decision of the Government is not based on
any financial constraints or uncertainty as to technical opinion. It was
clearly of the view that the last Committee was unanimous that the Tehri
Dam to be constructed is safe but the advice based on abundant caution was
not accepted. As a result, we need not re-examine the safety aspects of the
dam.
This Court cannot sit in judgment over the cutting edge of scientific
analysis relating to the safety of any project. Experts in science may
themselves differ in their opinions while taking decisions on matters
related to safety and allied aspects. The opposing viewpoints of the
experts will also have to be given due consideration after full application
of mind. When the Government or the concerned authorities after due
consideration of all viewpoints and full application of mind took a
decision, then it is not appropriate for the Court to interfere. Such
matters must be left to the mature wisdom of the Government or the
implementing agency. It is their forte. In such cases, if the situation
demands, the Courts should take only a detached decision based on the
pattern of the well-settled principles of administrative law. If any such
decision is based on irrelevant consideration or non-consideration of
material or is thoroughly arbitrary, then the Court will get in the way.
Here the only point to consider is whether the decision-making agency took
a well-informed decision or not. If the answer is ’yes’, then there is no
need to interfere. The consideration in such cases is in the process of
decision and not in its merits.
In this context, reliance is sought to be placed on the decision of this
Court in A.P. Pollution Control Board v. Prof. M. V. Nayudu (Retd.) & Ors.,
[1999] 2 SCC 718. In that decision, this Court viewed that in scientific
matters of complex nature resulting in uncertainty, reference has to be
made to a specialised technical/expert body and not merely decide the
matter on well known principles of administrative law of court not reexamining the matter if all relevant considerations have been taken note
of. In the present case when once a decision had been given by this Court
on safety aspects on an earlier occasion and thereafter the matter was
again examined by the Government through different agencies and had taken a
decision as to the necessity of further test by way of abundant caution
should be relevant or not, we do not think, we can sit in judgment over
such decision, particularly when there is no difference of opinion among
the Experts as to the safety of the dam. It is only by way of abundant
caution such studies were suggested by four out of five experts. Thus the
usefulness or necessity thereof itself being in doubt, as expressed in
various reports, and text books relied on by either side, the principle
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