As per the Judgment of Hon’ble Supreme court in the Writ petition No 295 ND Juyal & Ors Vs Union of India & Ors of 1992, dated September 1,2003.
Chronological History
- Investigation commenced – 1961.
- Planning Commission initiated the project for an installed capacity of 600 MW envisaging the cost at ₹197.92 crores – 1972.
- Administrative clearance given by Government of Uttar Pradesh – 1976.
- Prime Minister directed for in-depth review – March 1980.
- Interim report submitted by Expert Group constituted by the Prime Minister – May 1980.
- Final report recommending abandonment of the project by Expert Group – August 1980.
- Acceptance of the report by Ministry of Forest and Environment – October 1980.
- Revival of the project: the then USSR offered administrative, technical and financial help on turnkey basis and signed a protocol worth 1000 million roubles – November 1986.
- Government of India announced in the media that the project had been cleared – January 1987.
- Project transferred to THDC from Irrigation Department of Uttar Pradesh – 12 July 1988.
- Ministry of Environment and Forests revised cost estimates and released additional funds subject to environmental clearance – July 1989.
- Appraisal Committee of MoEF concluded that Tehri Dam should not be taken up due to environmental issues – February 1990.
- Bhumla Committee raised the issue of high chances of reactor breeding in the waters of the Tehri Dam reservoir – 1990 (not included in environmental clearance).
- Government of Uttar Pradesh issued notification for setting up of Bhagirathi River Valley Authority – 23 March 1990.
- Conditional clearance granted by MoEF for revised installed capacity of 2400 MW for a three-stage project – 19 July 1990.
- Prof. Jay Kishan of Roorkee reported that construction of Tehri Dam was safe.
- Expert Committee headed by Director General, Geological Survey of India recommended acceptance of Prof. Jay Kishan’s report – 25 July 1991.
- Socio-economic study of affected families conducted by Administrative Staff College of India, Hyderabad – March 1993.
- Appointment of Group of Five Experts – June 1996.
- Expert Committee on environmental and rehabilitation aspects constituted – 17 July 1996, and appointment of Prof. Hanumantha Rao Committee (HRC) – 17 September 1996.
- HRC submitted its report – October 1997.
- Group of Five Experts submitted its report – 18 February 1998.
- Government of India conveyed its decision to implement the reports of experts on environment and rehabilitation aspects constituted by GoI and HRC – Notification dated 9 December 1998.
- Government of Uttaranchal passed the “Uttaranchal River Valley (Development and Management) Act, 2005” on 27 January 2005 and constituted Bhagirathi River Valley Development Authority on 04 April 2005.
The completion of studies, formulation of action plans their implementation will be scheduled in such a way that their execution is paru passu with the engineering works falling which the engineering works would be brought to a halt without any extraneous considerations,.
These conditions will be enforced ,among others under the provisions of the Environment(Protection) act,1986. The main controversy is regarding the pan passu compliance of the conditions in the clearance certificate.
Seven conditions of environmental clearance.
- Catchment Area Treatment – Obligation of THDC & Government of Uttar Pradesh.
- Rehabilitation – Obligation of THDC.
- Command Area Development – Obligation of Government of Uttar Pradesh.
- Flora and Fauna Studies – Obligation of THDC.
- Water Quality Maintenance – Obligation of THDC.
- Disaster Management Plans (DMP) – Obligation of THDC.
- Setting up of Bhagirathi River Valley Authority – Obligation of Government of Uttar Pradesh.
Department of Power.
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Catchment Area Treatment
- Prepare action plan by 31-12-1990 on the basis of erodability of “very high” and “high” degradation areas identified by Remote Sensing Application Center, Uttar Pradesh.
- Ensure treatment of catchments before 1995 based on detailed annual plans.
- THDC to put all resources at the disposal of the State Government necessary for annual implementation of the action plan.
- State Government to cooperate in preparation of plans and implementation of catchment area treatment.
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Rehabilitation
- THDC to complete socio-economic study of the oustees by 30-06-1991 through a reputed institution.
- THDC to prepare rehabilitation package by 31-03-1991 for the affected population of Koteshwar Dam including the rim of the reservoir.
- Government of Uttar Pradesh to take over direct responsibility of entire rehabilitation work under overall supervision of Commissioner, Garhwal Division, as per HRC recommendations (Notification dated 09-12-1998). The State Government (Uttaranchal) proposed to complete implementation by June 2003.
- Rehabilitation of Tehri Town involves 5,291 families (cut-off date 06-06-1985).
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Command Area Development – Obligation of Government of Uttar Pradesh
- GOUP to prepare command area development plans by 31-03-1991 for areas to be irrigated.
- GOUP to ensure implementation of command area development plans by 31-03-1995.
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Flora and Fauna Studies – Obligation of THDC
- THDC to complete study of flora and fauna of submergence area by May 1991 for preparation of reclamation plans.
- THDC to prepare action plans including setting up of botanical gardens and ensure execution before commencement of impounding.
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Water Quality Maintenance – Obligation of THDC
- THDC to set up monitoring stations for monitoring water quality of the reservoir.
- THDC to initiate water quality modelling study and prepare an action plan to preserve water quality, including Catchment Area Treatment (CAT).
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Disaster Management Plan (DMP)
- THDC to prepare Disaster Management Plan by 31-03-1991 in consultation with affected population and regional authorities.
- Disaster management activities to be integrated with development activities in line with the Yokohama Strategy of the United Nations.
- Disaster management considered integral to sustainable development and protection of life and property.
- Ministry of Agriculture approved the Disaster Management Plan prepared by THDC in 1992.
- Detailed State DMP prepared with Steering Committees headed by District Magistrates.
- State of Uttaranchal constituted a State-level Steering Committee under the chairmanship of Principal Secretary, Irrigation.
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Bhagirathi Basin Management Authority
- Power Development authorities to set up Bhagirathi Basin Management Authority on statutory basis through legislative action before 31-03-1991.
- Studies, action plans and implementation to proceed pari passu with engineering works, failing which engineering works would be halted as per Environment (Protection) Act, 1986.
- Government of Uttar Pradesh issued notification for setting up of Bhagirathi River Valley Authority on 23-03-1990.