Supreme Court of India
Tehri Bandh Virodhi Sangarsh Samiti And ... vs State Of U.P And Ors on 7 November, 1990
Equivalent citations: 1990 SCR, SUPL. (2) 606 1992 SCC SUPL. (1) 44, AIRONLINE 1990 SC 299
Author: K.N. Singh
Bench: K.N. Singh, Kuldip Singh
PETITIONER:
TEHRI BANDH VIRODHI SANGARSH SAMITI AND ORS.
Vs.
RESPONDENT:
STATE OF U.P AND ORS.
DATE OF JUDGMENT07/11/1990
BENCH:
SINGH, K.N. (J)
BENCH:
SINGH, K.N. (J)
KULDIP SINGH (J)
CITATION:
1990 SCR Supl. (2) 606 1992 SCC Supl. (1) 44
JT 1990 (4) 59 1990 SCALE (2)1003
ACT:
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.
HEADNOTE:
The petitioners have filed this petition in public
interest under Article 32 of the Constitution praying that
the respondents be restrained from constructing and imple-
menting the Tehri Hydro Power Project and the Tehri Dam.
They allege that in preparing the plan for Tehri Dam Project
the safety aspect.has not been taking into consideration;
that the dam, if allowed to be constructed, will pose a
serious threat to the fife, ecology and the environments of
the entire northern India as the site of the dam is prone to
earthquake; and that the Government of India had 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.
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 finalised after obtaining the
expert report of Prof. Jai Krislma. In the circumstances, it
is not possible to hold that the Union of India has not
applied its mind or has not considered 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 various steps which have been taken for
ensuring the safety of the dam
607
are highly intricate questions relating to science and
engineering. This Court does not possess the requisite
expertise to render any final opinion on the rival conten-
tions 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]
JUDGMENT: