Dams and Environment


DAMS AND ENVIRONMENT  We will cover the following in the class Narmada Dam case AIR2000SC3751  ND Jayal (Tehri Dam) case (2004)9SCC362  Periyar Tiger Reserve (Mulla-Periyar Dam) Case AIR 2006 SC 1428  2 .

21. Endangered Species Act. Constitution of India . 1973  3 . 1894. 1969. 1956 Sections 2. 1980. Inter-State Water Disputes Act.Articles 12.Land Acquisition Act.Section 98.NARMADA DAM CASE AIR2000SC3751 Acts/Rules/Orders: Environment (Protection) Act. 1958. Ancient Monuments and Archaeological Sites and Remains Act. 32 and 262. Forest (Conservation) Act. Gujarat Panchayats Act. 5(2) and 6.Section 3. 4. 1986 . 1993 . National Environmental Policy Act.

4 .NARMADA DAM CASE AIR2000SC3751  Environment – Sardar Sarovar Dam – Constitution of India and Environment (Protection) Act. 1986 – writ petition inter alia praying that respondents be restrained from proceeding with construction of dam – after thoroughly going through rival contentions Court inter alia passed following directions – construction of dam will continue as per Award of Tribunal – construction up to 90 meters height can be undertaken immediately – construction above 90 meters height to be taken up after necessary clearance – relief and rehabilitation to oustees to be immediately given in terms of packages offered – Environment sub-group will continue to monitor and ensure that all step are taken not only to protect but restore and improve environment – each State shall be bound to comply directions of Narmada Control Authority with regard to acquisition of land for purpose of relief and rehabilitation – every endeavour shall be made to see that project is completed as expeditiously as possible.

 Land Acquisition Act . 1986 .  Environmental Rules. 1986 .Articles 21 and 32.  Environment Protection Act.  International and Domestic Law  5 .Sections 3.Section 4(1). 3(2).  Administrative Law. 3(5) and 19.ND JAYAL (TEHRI DAM) CASE (2004)9SCC362 Acts/Rules/Orders:  Constitution of India .Rule 5.

19 – Environment Rules – Rule 5 – Construction of Tehri Dam – Activist have approached Supreme Court to protect the interest of General public and as well as raise issues with regard to safety of the plan and the likely devastation and loss of properties of the people downstream – Petitioner have addressed Supreme Court for directions to conduct further safety tests so as to ensure safety of the dam – It has been urged that structure of the dam is not safe and its existence increases the seismic vulnerability of the entire Himalayan region – Govt.ND JAYAL (TEHRI DAM) CASE (2004)9SCC362     Environment – Environment Protection Act – Section 3. only started the work after satisfying itself on the safety of the dam and is based on the committee report which unanimously held that the that the dam is safe 6 .

ND JAYAL (TEHRI DAM) CASE (2004)9SCC362     – Court cannot sit in judgment over scientific analysis relating to the safety of any project Right to development encompasses with its definition Guarantee of fundamental human rights and the adherence of sustainable development is sine qua non for the maintenance of balance between rights of environment and development – Petitioners have not been able to establish that the respondents are carrying on construction without complying with the conditions of clearance – Certain lapses which occurred have been taken care by the monitoring agencies – To ensure that all the conditions for environmental clearance are complete. case is transferred for proper monitoring 7 .

2(17) and 11.Articles 3. 4. 1961 . 1956 . 246. 263 and 363. 1972 .  Kerala Forest Act.Section 26A.  States Organisation Act.Sections 2. 262.  States Re-organisation Act. 1956 . 262(1).  Forest (Conservation) Act.Section 85(3).PERIYAR TIGER RESERVE (MULLA-PERIYAR DAM) CASE AIR 2006 SC 1428 Acts/Rules/Orders:  Constitution of India .  Inter-State Water Disputes Act.  Wild Life (Protection) Act.Section 2  8 .Section 108. 1980 .

9 .Section 108 Constitutional validity of – Contended to be unconstitutional as it encroaches upon legislative domain of State Legislature under Entry 17 of List II of the Seventh Schedule wherein subject matter was water Law making power of Center under articles 3 and 4 is paramount and cannot be fettered by article 246 and list II and III of the seventh schedule – State could not claim to have legislative powers over such waters which are subject of Inter-State agreement – Hence. constitutional validity of Section 108 cannot be questioned on ground of legislative competency. 1956 .PERIYAR TIGER RESERVE (MULLA-PERIYAR DAM) CASE AIR 2006 SC 1428      States Reorganisation Act.

PERIYAR TIGER RESERVE (MULLA-PERIYAR DAM) CASE AIR 2006 SC 1428      Constitution – Article 262 – Inter-state water Dispute Act. 1956 defines water dispute – Water dispute alleged in present case not covered under Section 2(c) as it was about safety of dam or increase of water level – Hence. 10 .Section 2(c) of Inter-State Water Dispute Act. 1956 – Section 11 – Jurisdiction of Supreme Court to decide interstate water dispute – Barred under Section 11 of Act of 1956 made under Article 262(1) . Supreme Court not barred by jurisdiction.

the potential in the country is assessed as 84.000 MW at 60 per cent load factor. As per an estimate of Central Electricity Authority.HYDRO-ELECTRIC POWER  India has a vast potential for hydro-power generation. which is equivalent to about 450 billion units of annual energy generation 11 . particularly in the northern and north-eastern region.

The Second Irrigation Commission in their report of 1972 recommended a provision of 50 b.m by 2025 AD 12 .cu. a recent assessment indicates that requirement for industrial use during 2000 AD will be about 30 b.cu.cu. for industrial purpose for the country as a whole.m.INDUSTRIAL USE  A basic necessity of industrial development is adequate availability of water. However. while it will rise to 120 b.m.

while West Bengal along accounts for about one third of the production. West Bengal is the highest producer followed by Andhra Pradesh and Bihar.t.t. India has now the distinction of being the seventh largest producer of fish in the world and second largest producer of inland fish after China. which by 1994-95 has gone upto 2. 13 .08 m. total inland fish production stood at 0.22 m.INLAND PISCICULTURE   During 1950-51. These three States put together produce about 50 p[er cent of total inland fish production in the country. Amongst the States.

. conservation and management of water as a national resource. multipurpose projects  Water being a State subject. the State Governments have primary responsibility for use and control of this resource  14 . for the general policy on water resources development and for technical assistance to the states on irrigation. i.INSTITUTIONAL ARRANGEMENTS At the central level the Union Ministry of Water Resources is responsible for development.e.

Assam. Kerala and Bihar successively 15 . Andhra Pradesh.783 km of which maximum stretch lies in the state of Uttar Pradesh followed by West Bengal.NAVIGATION  Total navigable length of inland water-ways in the country is 15.

which was not adequate.  16 . population of India was about 361 million and annual food grain production was 51 million tonnes (m.PLAN DEVELOPMENT At the time of commencement of the First Five Year Plan in 1951.t.  Five Year Plans drive compounded with green revolution in the agricultural sector. has enabled India to become marginally surplus country from a deficit one in food grains.).

diarrhoea. filariasis. the important one is improved diets resulting from an increased production of staple foods. new opportunity of growing fruits and vegetables  17 .WATER DEVELOPMENT AND HEALTH Water may create problems concerning human health being a carrier of vectors for diseases such as typhoid. shistosomiasis etc  Among the human health benefits. malaria. cholera.

INITIATION FOR RAIN WATER HARVESTING Ground Water Augmentation Award and National Water Award  National Congress on Ground Water  Advisory Council on Artificial Recharge of Ground Water  Artificial Recharge to Ground Water through Dugwell  Farmers Participatory Action Research Programme  18 .

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