A small note on Tehri Dam case
heard in Supreme Court and the current scenario
After the Uttarkashi's (now
in Uttaranchal state) earthquake Oct. 1992 Sh. N. D. Jayal and Sh. Shekhar
Singh had filed a public interest petition in the Supreme Court, raising
the issues regarding the controversial Tehri dam project.
In the course of this petition,
in January 2002 Supreme Court ordered the Govt. to present the latest status
on the issues related to earthquake, environment and rehabilitation. The
central environment ministry, Tehri Hydro Development Corporation and Govt.
of Uttaranchal submitted affidavits showing the latest status of earthquake,
environment and rehabilitation works.
In February 2002 Sh. Sanjay
Parikh the petitioner's lawyer had asked information of the status of the
actions taken on the Govt. orders (related to earthquake, environment and
rehabilitation) passed since 1973 through a questionnaire. Through the
incomplete answers the fact came into light that the Govt. has disobeyed
the conditions laid by the environment ministry in its conditional acceptance.
The Supreme Court bench comprising
of Justice Rajenra Babu, Justice Devbrat Dharmadhikari and Justice Mathur
started the final hearing on the project from 21 January 2003. It was not
expected that court would hear Tehri case in full. The Honorable Court
allowed Senior council Ms. Indira Jaisingh and Adv. Sanjay Parikh in the
main case. Adv. Mr. Rajeev Dhavan argued on behalf of Mr. Sunderlal Bahuguna
as intervener in the main case.
The advocates raised objections
on the conditional clearance given by the ministry of environment to Tehri
dam project on 19 July 1990. They said that the Govt. has not implemented
the conditions mentioned under Environment Clearance. There is no treatment
of the catchment area and no development of command area. No study has
been conducted for the plants and species to be plunged in the reservoir.
There is no plan for water conservation, maintenance of quality of water
and disaster/ crisis management. Bhagirathi valley basin Management Corporation
has also not been established. The accepted recommendations of Hanumanth
Rao committee and Expert Group on safety, which were formed after the 74-day
long fasting by Sh. Sunderlal Bahuguna, have also not been followed by
the Govt.
During the first 4 days long
hearing the advocates from the petitioner's side expressed their surprise
as to how a Govt. official can reject the recommendations made by a Expert
Group, appointed by the Govt. itself. It is clearly mentioned in the Environment
Conditional Clearance that "The rehabilitation package covering population
affecting Koteshwar dam as well as those living on the rim of the reservoir
and likely to be affected will be prepared before 31.3.1991."
Senior advocate on behalf
of the petitioners said that now govt. is preparing another package for
two groups according to affidavit filed by govt. of Uttaranchal on 7 January
2003. This indicates that Govt. is postponing the work, which was supposed
to be completed before 12 years. She further argued that: -
The issue of dam's safety
is related with the lives of lakhs of people living in the areas below
the dam.
Not having a study on flora
and fauna in the Himalayan region that is full of bio-diversity is an irreparable
loss to the environment. This is not a technical fault but intentional
negligence.
The condition of Pari-Pasu
(environmental and rehabilitation work should progress with the raise in
the height of dam accordingly) has also been violated.
The petitioner prayed that
following directions be issued by the honorable Court. Firstly, 2 tests
(three dimensional study (3D) and second is dam break analysis) should
be undertaken. Secondly, there should be no further construction of dam
until these tests are done. Thirdly, no increase in the water level of
the reservoir; no closure of diversion tunnel no. 1 and 2 and fourthly,
appoint a commissioner by the Court (as the Court has already done in the
cases of death due to hunger) to submit a report to the Court after reviewing
the status of issues related to environment and rehabilitation within a
period of 8 weeks or within a time period as determined by the Court. Senior
advocate Ms. Indira Jai Singh suggested the name of former Secretary Sh.
N. C. Saxena for this purpose.
The monitoring process of
rehabilitation and environment works just like those in case of Sardar
Sarovar dam on Narmada River were demanded for the Tehri Project so that
the direction of Pari-Pasu given under Environment Conditional Clearance
could properly be followed. Petitioner's lawyer mainly raised following
issues:
The recommendations of Hanumanth
Rao committee should fully be applicable under which married adult of 18
years should be given 2 hectare of land considering him eligible and unmarried
boys and girls should be given 1 hectare of land. Cut off date should be
considered as 19 July 2002 according to Hanumanth Rao committee.
As the sale-purchase of land
was banned after 1976, there should be a provision in the package relating
to the prices of land providing the prices of land equal to the prices
of circle rates of 2003.
Time limit of the promise
of providing employment should be according to the ascertained plan that
has not been done.
House construction assistance
should be in accordance of the prevailing construction costs.
The reservoir should not
be filled before the completion of construction of bridges and other facilities
in the cut of area.
Govt. of Uttaranchal has
a mention for the acceptance of giving land rights to the oustees at new
rehabilitation site, in their affidavit of February 2002; beside this land
is being given on lease only. Land rights should be given to the displaced
people.
The villages like Khand (Bhagirathi
valley), Syansu, Bhald etc. which are under the category of partially submerged
villages should be considered under the category of Fully submerge under
special circumstances.
The displaced people should
not face repeated displacement.
On fourth day of hearing
the Supreme Court gave a chance to environmentalist Sh. Sunderlal Bahuguna
to put his arguments. Sh. Bahuguna emphasized his concern on the condition
of people living in hills, quality of water, risks involved with the break
down of dam, water rights of the people of Raika Patti and the problems
faced by the women in the hills and requested the Court to give a direction
to put an end to the money order economy so that the youths of hills may
stay in the hills. Rehabilitating and forcing the residents of hills destroys
the life of people. He said plantation would support the continuous availability
of water in the rivers. Dam is a temporary solution; the residents of hills
can continuously provide water to the country. The people of hills are
so strong and hard working because they drink flowing water. Dam's water
looses its vitality. The Govt. should make arrangements for the protection
of Himalayas.
Govt. claimed that they have
done good work on Environment and rehabilitation issues. They are taking
care of safety measurement of the Tehri Dam. They claimed that there is
no need of three-dimensional study of the dam, no need of dam break analysis,
no need of Disaster Management Plan, these all are only theoretical exercises.
They said that they are not only following the condition of PARI-PASU (Env.
and rehab. work of dam will be done simultaneously with the engineering
work of the dam) but also not legging behind then the Environment Conditional
Clearance of July 1990.
Some words said in the court:
Solicitor General (Government
of India) said, ' PARI-PASU IS IN OUR MIND'. Council of Uttaranchal said,
' We want to make our state as POWER STATE'
In fact when hearing started
only one junior lawyer was present in the court on behalf of the govts.
They were repeatedly asking more time to reply the petitioner's arguments.
Honorable Court was very much annoyed with the govt. and THDC. Because
they were not aware what the petitioners presented in the court? Court
took it as its insult that in 'such a serious case govt. is behaving like
this? Not giving required attention.' In the last hearing Hon'ble Court
fixed this date as final hearing for Tehri Dam case.
Last day of hearing 25 Feb
2003
After listening to the petitioner's
rejoinder and some comments of respondents the bench has completed the
hearing and reserved the judgment / decision. In the first half of the
day Sr. Adv. Ms. Indira Jaisingh read the rejoinder of the petitioner.
She filed a list of the Dam in the world where '3-Daimentional study of
the Dam' and 'Dam break Analysis' done. Govt. repeatedly said in the court
that these are only mental or theoretical exercise, these studies never
made. Petitioner also filed a photo album showing the photo of Old Tehri
Town, Villages going to be submerge and showing impoundment due to closer
of tunnel no. 3 and 4.
After lunch Adv. Mr. Rajeev
Dhavan, raised some legal points. Respondent wants to file some papers
but Adv. Indira Jaisingh firmly opposed and the Hon'ble judges also said
that this will be an unending process and respondent had sufficient time
to say. At the end Govt. took plea that 'Please do not stop the Dam we
are ready to do what ever the court ask to do '.
And now:-
So, we are waiting for the
judgment and meanwhile govt. of Uttaranchal is trying to finish rehabilitation
work on paper. In the first week of April Director of rehabilitation declare
that they have completed the rehabilitation till 780m RL (reservoir level).
According to authorities rehabilitation of 56 villages has been fully complete.
These villages will be fully submerged. Reality is quite different. Oustees
did not get land in many villages. For example in village Chamm not even
house surveys have been done. Villagers of Biryani did not get house plots.
It is same in village Sanyasu. In village Bhaldiyana, which has been recently,
awarded, oustees did not get land. Villagers of Badkot were going to block
the stone trucks for the dam, because they did not get land. Authorities
again ask time till 23 April to solve the issue. On 28 January also authorities
made the same promise.
Two bridges, which will connect
cut off area, where more then 80,000 people are living, work on one bridge
in Bhagirathi valley is now abandoned and another in Bhilangana valley
is under construction and will take more then one and half years.
In old Tehri town people
are still on Dharna. More then 200 families are residing there facing serious
troubles regarding basic civic amenities.
And Tehri Hydro Development
Corporation CMD declared in the capital of Uttaranchal, they will supply
drinking water for Delhi and Uttar Pradesh in December 2003.
THDC has been awarded with
another project in Chamoli district of Uttaranchal named VISHNU GAD on
river Alaknanda.
We are waiting for the Supreme
Court decision. |