dam vs. environment

8/2/2019 Dam vs. Environment

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WATER LAW

MODULE - 3

Dams and Environment

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DAMS AND ENVIRONMENT

We will cover the following in the class

Narmada Dam case AIR2000SC3751ND Jayal (Tehri Dam) case (2004)9SCC362

Periyar Tiger Reserve (Mulla-Periyar Dam)

Case AIR 2006 SC 1428

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NARMADA DAM CASE AIR2000SC3751

Acts/Rules/Orders:Environment (Protection) Act, 1986 - Section3; Inter-State Water Disputes Act, 1956 -

Sections 2, 4, 5(2) and 6;Land Acquisition Act,1894; Forest (Conservation) Act, 1980; AncientMonuments and Archaeological Sites andRemains Act, 1958; National Environmental

Policy Act, 1969; Gujarat Panchayats Act, 1993- Section 98; Constitution of India - Articles 12,21, 32 and 262; Endangered Species Act, 1973

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NARMADA DAM CASE AIR2000SC3751

Environment

Sardar Sarovar Dam

Constitution of India andEnvironment (Protection) Act, 1986 writ petition inter alia prayingthat respondents be restrained from proceeding with constructionof dam after thoroughly going through rival contentions Courtinter alia passed following directions construction of dam willcontinue as per Award of Tribunal construction up to 90 meters

height can be undertaken immediately

construction above 90meters height to be taken up after necessary clearance relief andrehabilitation to oustees to be immediately given in terms ofpackages offered Environment sub-group will continue tomonitor and ensure that all step are taken not only to protect butrestore and improve environment each State shall be bound tocomply directions of Narmada Control Authority with regard toacquisition of land for purpose of relief and rehabilitation

every

endeavour shall be made to see that project is completed asexpeditiously as possible.

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ND JAYAL (TEHRI DAM) CASE (2004)9SCC362

Acts/Rules/Orders:

Constitution of India - Articles 21 and 32;

Environment Protection Act, 1986 - Sections

3, 3(2), 3(5) and 19; Administrative Law;

Land Acquisition Act - Section 4(1);

Environmental Rules, 1986 - Rule 5; International and Domestic Law

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Environment

Environment Protection Act

Section 3, 19

Environment Rules Rule 5 Construction of Tehri Dam Activist have approached

Supreme Court to protect the interest of General public andas well as raise issues with regard to safety of the plan and

the likely devastation and loss of properties of the peopledownstream Petitioner have addressed Supreme Court for directions to

conduct further safety tests so as to ensure safety of thedam It has been urged that structure of the dam is not safeand its existence increases the seismic vulnerability of the

entire Himalayan region

Govt. only started the work after satisfying itself on thesafety of the dam and is based on the committee reportwhich unanimously held that the that the dam is safe

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Court cannot sit in judgment over scientific analysisrelating to the safety of any project Right to developmentencompasses with its definition Guarantee of fundamentalhuman rights and the adherence of sustainable developmentis sine qua non for the maintenance of balance betweenrights of environment and development

Petitioners have not been able to establish that therespondents are carrying on construction without complyingwith the conditions of clearance

Certain lapses which occurred have been taken care by themonitoring agencies

To ensure that all the conditions for environmental clearanceare complete, case is transferred for proper monitoring

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PERIYAR TIGER RESERVE (MULLA-PERIYAR

DAM) CASE AIR 2006 SC 1428

Acts/Rules/Orders: Constitution of India - Articles 3, 4, 246, 262,

262(1), 263 and 363;

Kerala Forest Act, 1961 - Section 85(3); Wild Life (Protection) Act, 1972 - Section 26A; States Re-organisation Act, 1956 - Section 108; Inter-State Water Disputes Act, 1956 - Sections

2, 2(17) and 11; States Organisation Act; Forest (Conservation) Act, 1980 - Section 2

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States Reorganisation Act, 1956 - Section 108 -Constitutional validity of

Contended to be unconstitutional as it encroaches uponlegislative domain of State Legislature under Entry 17 of ListII of the Seventh Schedule wherein subject matter was water

Law making power of Center under articles 3 and 4 isparamount and cannot be fettered by article 246 and list IIand III of the seventh schedule

State could not claim to have legislative powers over suchwaters which are subject of Inter-State agreement

Hence, constitutional validity of Section 108 cannot bequestioned on ground of legislative competency.

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Constitution

Article 262

Inter-state water Dispute Act, 1956 Section 11 Jurisdiction of Supreme Court to decide inter-state water dispute

Barred under Section 11 of Act of 1956 madeunder Article 262(1) - Section 2(c) of Inter-StateWater Dispute Act, 1956 defines water dispute

Water dispute alleged in present case not coveredunder Section 2(c) as it was about safety of damor increase of water level

Hence, Supreme Court not barred by jurisdiction.

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HYDRO-ELECTRIC POWER India has a vast potential for hydro-power

generation, particularly in the northern andnorth-eastern region. As per an estimate of

Central Electricity Authority, the potential inthe country is assessed as 84,000 MW at 60per cent load factor, which is equivalent to

about 450 billion units of annual energygeneration

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INDUSTRIAL USE

A basic necessity of industrial development isadequate availability of water. The SecondIrrigation Commission in their report of 1972

recommended a provision of 50 b.cu.m. forindustrial purpose for the country as a whole.However, a recent assessment indicates that

requirement for industrial use during 2000AD will be about 30 b.cu.m. while it will riseto 120 b.cu.m by 2025 AD

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INLAND PISCICULTURE During 1950-51, total inland fish production stood at

0.22 m.t. which by 1994-95 has gone upto 2.08 m.t.India has now the distinction of being the seventhlargest producer of fish in the world and second

largest producer of inland fish after China. Amongst the States, West Bengal is the highest

producer followed by Andhra Pradesh and Bihar.These three States put together produce about 50

p[er cent of total inland fish production in the country,while West Bengal along accounts for about one thirdof the production.

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INSTITUTIONAL ARRANGEMENTS At the central level the Union Ministry of Water

Resources is responsible for development,conservation and management of water as a

national resource, i.e., for the general policy onwater resources development and for technicalassistance to the states on irrigation,multipurpose projects

Water being a State subject, the StateGovernments have primary responsibility foruse and control of this resource

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NAVIGATION

Total navigable length of inland water-waysin the country is 15,783 km of whichmaximum stretch lies in the state of Uttar

Pradesh followed by West Bengal, AndhraPradesh, Assam, Kerala and Biharsuccessively

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PLAN DEVELOPMENT

At the time of commencement of the First FiveYear Plan in 1951, population of India was about361 million and annual food grain production

was 51 million tonnes (m.t.), which was notadequate.

Five Year Plans drive compounded with green

revolution in the agricultural sector, has enabledIndia to become marginally surplus country froma deficit one in food grains.

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WATER DEVELOPMENT AND HEALTHWater may create problems concerning

human health being a carrier of vectors fordiseases such as typhoid, cholera, diarrhoea,

malaria, filariasis, shistosomiasis etc Among the human health benefits, the

important one is improved diets resultingfrom an increased production of staple foods,new opportunity of growing fruits andvegetables

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INITIATION FOR RAIN WATER HARVESTING

Ground Water Augmentation Award andNational Water Award

National Congress on Ground Water

Advisory Council on Artificial Recharge ofGround Water

Artificial Recharge to Ground Water

through Dugwell Farmers Participatory Action Research

Programme

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dam vs. environment

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