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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

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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: