LexTEHRI BANDH VIRODHI SANGARSH SAMITI AND ORS. versus STATE OF U.P AND ORS.
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A TEHRI BANDH VI,RODHI SANGARSH SAMID AND ORS. B c v. STATE OF U.P AND ORS. NOVEMBER 7, 1990 [K.N. SINGH AND KULDIP SINGH, JJ.] Constitution of India, 1950: Article 32-Tehri Dam Construction of-Safety aspect-Consideration of-Court can only investigate and adjudicate the question whether the Government applied its mind. Environmental Law: Tehri Dam-Construction of-Tehri Hydro Power Project-Implementation of-Safety aspect-Consideration of- Held UOI considered question in various details and relevant aspects. The petitioners have filed this petition in pnbllc interest under Article 32 of the Constitution praying that the respondents be res- D trained from constructing and implementing the Tebri Hydro Power Project and the Tebri Dam. They allege that in preparing the plan for Tehri Dam Project the safety aspect]iiis not been taking into considera- tion; that the dam, if allowed to be constructed, will pose a serious threat to the life, ecology and the environments of the entire northern India as the site of the dam is prone to earthquake; and that the Govem- E ment of India bad not applied its mind to this very important aspect in preparing the project. The respondents, on the other hand, assert that the Government of India, through its various departments and ministries has at every stage considered all relevant data and fully applied its mind to the safety and various other aspects of the project. F Dismissing the petition, this Court, HELD: (1) The Union of India considered the question of safety of the project in various details more than once. It satisfied itself by obtaining the reports of experts and also took into consideration the dissenting view of Dr. V.K. Gaur. The project has been f'malised after G obtaining the expert report of Prof. Jai Krishna. In the circumstances, it is not possible to hold that the Union of India has not applied its mind or has not comiderro the relevant aspects of the safety of the Dam. [613C-D] (2) The questions relating to the design of the dam, the seismic potential of site where the dam is proposed to be constructed, and the H various steps which have been taken for ensuring the safety of the dam 606 - ·- .. __ 1 [. TEHRI BANDH VIRODHI SAMIT! v. STATE OF U.P. I ,INGH, J.J 607 are highly intricate questions relating to science and engineering. This Court does not possess the requisite expertise to render any rma1 opinion on the rival contentions of the experts. The court can only Investigate and adjudicate the 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. [613E-G] ORIGINAL JURISDICTION: Writ Petition No. 12829 of 1985. (Under Article 32 of the Constitution oflnuia). Kapil Sibal, Additional Solicitor General, P.S. Poti, S.P. Garg, Ms. Malini Poduval, R. Venkataramani, Harish N. Salve, Mrs. S. Dikshit, B. Parthasarathi, R.P. Srivastava, R.P. Wadhwani, A.S. Pundir and Ms. Sushma Suri for the appearing parties. The following Order of the Court was delivered: A B c SINGH, J. This petition under Article 32 of the Constitution of D India has been filed in public interest by Tehri Bandh Virodhi Sangarsh Samiti and others. The petitioners have prayed that the Union of India, State of Uttar Pradesh and the Tehri Hydro Develop- ment Corporation be restrained from constructing and implementing the Tehri Hydro Power Project and the Tehri Dam. The main grievance of the petitioners is that in preparing the plan for the Tehri Dam project the safety aspect has not been taken E into consideration. It is asserted that the dam if allowed to be con- structed poses a serious threat to the life, ecology and the environ- ments of the entire northern India as the site of the dam is prone to earthquake. After this petition was filed a number of persons have F intervened and the parties have filed affidavits and counter affidavits. The matter was heard by this Court at various stages. The controversy relating to the project has not only been debated in this Court but has also taken a good deal of Parliament's time. Shri P .S. Poti, learned senior advocate appearing for the peti- G tioners has argued that the seismic experts in India and abroad are of the view that past records of earthquake show that the likely length of fracture along the convergence boundary is of the order of 200-300 kilometer. According to him, it is
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