TEHRI BANDH VIRODHI SANGARSH SAMITI AND ORS. versus STATE OF U.P AND ORS.

TEHRI BANDH VIRODHI SANGARSH SAMITI AND ORS. versus STATE OF U.P AND ORS.

The Union of India considered the safety aspects of the Tehri Dam project in detail and applied its mind to relevant scientific and engineering opinions; in matters of technical complexity, the Court's role is limited to ascertaining whether the Government has been conscious of and considered such dangers. As the Government fully considered safety issues with expert input and dissenting views, no reason exists for restraining the implementation of the project.

Parties
Petitioner: Tehri Bandh Virodhi Sangarsh Samiti and Others; Respondent: State of Uttar Pradesh and Others; Respondent: Union of India; Respondent: Tehri Hydro Development Corporation
Jurisdiction
India
Judgment Date
07 November 1990
Procedural Posture
Writ Petition / Final Disposition on Merits
Outcome
Petition dismissed
Legal Topics
Public Interest Litigation, Dam Construction, Safety Standards, Seismic Considerations, Ecology, Environmental Clearance
Constitutional Law Environmental Law Public Interest Litigation Dam Construction Safety Standards Seismic Considerations Ecology Environmental Clearance

Case Brief

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Parties

Tehri Bandh Virodhi Sangarsh Samiti and Others

Petitioner

State of Uttar Pradesh and Others

Respondent

Union of India

Respondent

Tehri Hydro Development Corporation

Respondent

Procedural Posture

Writ Petition / Final Disposition on Merits

Legal Issues

  1. 1 Whether safety aspects of Tehri Dam were properly considered in planning and implementation
  2. 2 Whether Government of India applied its mind to the safety and environmental implications of the Tehri Dam project

Ratio Decidendi

The Union of India considered the safety aspects of the Tehri Dam project in detail and applied its mind to relevant scientific and engineering opinions; in matters of technical complexity, the Court's role is limited to ascertaining whether the Government has been conscious of and considered such dangers. As the Government fully considered safety issues with expert input and dissenting views, no reason exists for restraining the implementation of the project.

Court Disposition

Petition dismissed

Orders

  • Petition dismissed with no order as to costs