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2003 Supreme(SC) 836

G.P.MATHUR, D.M.DHARMADHIKARI, S.RAJENDRA BABU
N. D. Jayal – Appellant
Versus
Union Of India – Respondent


Judgement Key Points

The court's ratio decidendi is that environmental clearance conditions must be fulfilled pari passu with project execution, and the authorities have a duty to ensure their strict compliance before proceeding with critical stages, to protect environmental and human rights (!) (!) . Additionally, the court emphasizes that scientific safety assessments are within the expertise of specialized agencies, and judicial review is limited to verifying that decisions are well-informed and rational (!) (!) .


Judgment

Rajendra Babu, J.—Writ Petition No. 295 of 1992 :

The present petition under Article 32 of the Constitution of India is the second round of legal action connected to the safety and environmental aspects of Tehri Dam before this Court.

2. The petitioners herein firstly urge us to issue necessary directions to conduct further safety tests so as to ensure the safety of the dam. Secondly, they allege that the concerned authorities have not correspondingly complied with the conditions attached to the Environmental Clearance dated July 19, 1990 and want us to halt the Project till the same is complied with. Lastly, they want us to look into the Rehabilitation aspects. Subsequent to the filing of this petition few others joined as interveners. String of Affidavits, counter-affidavits and other documents disclosing the minutest details have been presented. Oral submissions on both sides have been addressed at length.

3. Before adverting to the contentions of safety, environmental clearance and rehabilitation, it is necessary to draw a demarcating line between the realm of policy and the permissible areas for judicial interference in the context of present case. For this, a brief fac








































































































































































































































































































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