Tehri contact-C/o Jagdamba Raturi, River View Hotel, Old Tehri, Uttrakhand Phone: 013768-4441
Delhi contact-C/o Vimalbhai, 105-Ganesh Nagar, Pandav Nagar Complex, Delhi-110092
Phone/fax: 011-2063871,
Email-vimal_bhai@hclinfinet.com To, 13 May,2002
Shri Madhukar Gupta
Chief Secretary,
Government of Uttaranchal,
Secretariat,
DEHRADUN.
Ref:- Tehri Dam; Rehabilitation status and impoundment level of coming monsoon
Sir,
This representation has been submitted by Tehri Coalition Group which has also filed an Application (I.A.No.6/1999) in W.P. (Civil) No.295 of 1992: N.D. Jayal vs. UOI, which is pending before the Supreme Court. On 14.12.2001, the Petitioners in the main Writ Petition as well as the Members of the Tehri Coalition Group had raised their grievances, which had to be immediately attended to by the authorities concerned before hearing of the main Writ Petition on various issues. The Supreme Court had passed the following Order:
“Even before hearing of this matter, it is open for the authorities to examine the grievances of the persons concerned”.
A copy of the Order dated 14.12.2001 is enclosed.
The Writ Petition was again listed for hearing on 24.1.2002 when the State of Uttaranchal was added as a party-Respondent. The Supreme Court directed the State of Uttaranchal, Ministry of Environment as well as THDC to furnish up to date status report. It was also directed that latest status of impoundment should also be indicated. Pursuant to this order the status reports have been filed by the Ministry of Environment, THDC as well as the Government of Uttaranchal. The purpose of this representation is not to go into the details of the various objections to the status reports and various other substantial issues but to put forth the grievances of the inhabitants of Tehri and adjacent areas, which would be directly affected due to impoundment. In the affidavit filed by the State of Uttaranchal it has been stated that the dam has been raised to a level of EL 786 M. and that water level is anticipated to rise during non monsoon period up to about 640 M. level (up to June 2002) and up to about 770 M level (during October 2002 to June 2003). It has also stated that during monsoon from July 2002 the water level may rise to up to 706 M. The same figures have been given in the status of impoundment by THDC. It will be indicated herein below that the process of impoundment is taking place even before the necessary preconditions including that of rehabilitation having been complied with by the authorities concerned. In the affidavit filed by the State of Uttaranchal it has been stated at page 19 that Grievance Redressal Machinery has been functioning but, the statement is wrong because no Grievance Redressal Machinery has been functioning; no such authority has either heard or redressed any of the grievances of the inhabitants of Tehri so far. And another important thing is that effected village people never informed about impoundment level. In view thereof the Tehri Coalition Group is giving this representation under the directions of the Supreme Court dated 14.12.2001, which are quoted above.
PROBLEMS OF URBAN REHABILITATION
The impoundment is taking place without the urban families being fully rehabilitated in the New Tehri Town. Still the payment for house construction assistance has not been paid to the oustees enabling them to construct houses at the new allotted place. If the impoundment takes place at this juncture they will be without any shelter. Further, the assistance for house construction also needs revision. The Directorate of Rehabilitation has only verbally assured the oustees but no concrete action has been taken so far. In this regard it may also be pointed out that in the New Tehri Town the people are already facing severe scarcity of drinking water and if forcibly people are evicted from the old Tehri Town they will not only be without shelter but also without the basic necessity of drinking water.
THE RURAL REHABILITATION
As far as the rural rehabilitation is concerned it has come out in the affidavits of THDC as well as the State of Uttaranchal that even now the process of acquisition of land is going on. Even after the land as mentioned is acquired still it will be deficient for rehabilitating all the oustees. The authorities have still not identified the total number of affected villages. Only few months back, 3 villages have been, for the first time, identified for the purpose of rehabilitation. Their names are Kansali, Jalwal Gaon (Talla & Malla) and Khola. This only shows that the inaction and callousness on the part of the authorities. There are 21 villages, which will directly be affected by the level of submergence indicated by the THDC/ State of Uttaranchal as mentioned 0above without rehabilitation. According to government’s own available data, nearly 5000 acres of land will be required for rehabilitation of the Oustees of these 21 villages. Till the land is made available to the oustees of these villages, they cannot be evicted. The authorities cannot resort to the process of impoundment till the persons affected are fully rehabilitated/compensated. The names of these 21 villages have been annexed with this representation. The authorities have not even informed the inhabitants of these 21 villages about the impoundment affecting their life and livelihood. This fact came to the knowledge of the Coalition Group only after seeing the affidavits filed by the THDC and State of Uttaranchal.
SUBMERGENCE OF BRIDGES
Government of Uttaranchal have to build two bridges to connect the Pratapnagar Tahsil areas to the district headquarters and other side of the river. Now five bridges, four pedestrian and one for vehicle exists for the people. According to affidavit of Government of Uttaranchal water level of reservoir will be 706 M. in coming monsoon, which will result in submergence of these bridges. Government of Uttaranchal is building two alternative bridges, one is on Bhagirathi River, near village Bhalidiyana and another is on Bhilangna River at Pipaldali. These bridges are 390 M. long. The work is at initial stage and this will take years to complete the construction. If the present means of access through the 5 bridges is taken away due to submergence without their being any alternative means of access, people living in distant parts of the hilly terrain will be totally cut off. In cut-off area Proposed Colleges and hospitals construction work are in very initial stage. Even cooking gas, seeds etc. godowns are not there which is very important and related with day-to-day life of the people. The number of such affected persons is nearly 80,000 till these bridges are constructed; the authorities cannot resort to impoundment.
It is requested that the concerned authorities immediately attend these, among other, grievances to. If the authorities will proceed with impoundment without redressal of these vital issues, the Coalition group will have no option but to approach the Supreme Court for necessary action/relief.
Thanking you,
Yours faithfully,
Vimalbhai Jagdamba P. Raturi
Mahipal Negi Shakoor Ahmad
For Tehri Coalition Group
Enclosed:
1. COPY OF THE COURT ORDER 14-12-2001
2. LIST OF THE TEHRI DAM EFFECTED VILLAGES NEAR 770 M HIGHT
Copy to:
Ø Shri Suresh Prabhu,
Central Power Minister
Shram Shakti Bhawan, Rafi Marg, New Delhi
Ph.011-3717474 Fax 011-3710065
Ø Shri T.R. Baalu,
Central Environment & Forests Minster
423, 4th Floor, Paryavaran Bhawan, CGO Complex, Lodhi Road,
New Delhi-110021
Ph.011-4365633, Fax 011-4362222
Ø C.M.D.,
Tehri Hydro Development Corporation
Kribhko Bhawan, A 10, Sec.-I, NOIDA, U.P.- 201301
Ph. 4525764/4443357 Fax 4545092
Ø Shri Subhash Kumar,
Commissioner of Garwal region
Pouri , Uttranchal
Ph.01368-22378/22564 (off)
Ø Shri Umakant Panwar,
D.M. & Director of Rehabilitation Department for Tehri Dam
New Tehri Town, Uttranchal
Ph.--01376-32029(off) Fax. –01376-32340 (H)
Ø Shri Shoor Veer Sajwan,
Irrigation Minister of Uttranchal &
Chairman of High Power Committee for evection of old Tehri town etc.
Secretariat, Dehradun, Uttranchal
Annexe-1
ITEM NO. 35 Court No. 3 SECTION PIL
A/N MATTER
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition (Civil) No. 295/1992
N. D. JAYAL & ANR. Petitioner (S)
VERSUS
UNION OF INDIA & ORS. Respondent (S)
( With Appln(s). for permission to place addl. Documents on record and intervention and directions)
With
T.C. (c) No, 50/1996, T.C. (c) No. 51/1996, T.C. (c) No. 52/1996, T.C. (c) No. 53/1996
Date: 14/12/2001 These Petitions were called on for hearing today.
CORAM:
HON’BLE MR. JUSTICE G.B. PATTANAIK
HON’BLE MR. JUSTICE R.C. LAHOTI
UPON hearing counsel the court made the following
O R D E R
Put up this matter for final disposal on a non-miscellaneous day in the 3rd week of January, 2002. Affidavit/response required to be filed pursuant to the filing of I.A. by any party, may be filed in the meantime.
Even before hearing of this matter, it is open for the authorities to examine the grievance of the persons concerned.
( J.S. Rawat ) ( Suneet Bala Sharma)
Court Master Court Master
Annexe 2
LIST OF THE TEHRI DAM EFFECTED VILLAGES NEAR 770 M HIGHT
S. No. Name of the village Valley BR or BG/ Status of Submergence Height from the sea level Effected Families
1 Godi Sirai BR/Fully Effected 684 -1098 397
2 Biryani BR/Fully Effected 775 – 843 55
3 Badcot BG/Fully Effected 695 – 930 112
4 Asena BG/Fully Effected 763 – 1055 162
5 Baldiyana BR/Partly Effected 774 – 875 175
6 Snasu BR/ Partly Effected 760 – 870 73
7 Motra BR/ Partly Effected 752 – 1090 300
8 Raoula Kot BR/ Partly Effected 666 – 899 168
9 Badi Mani BR/ Partly Effected 750 – 1010 45
10 Choti Mani BR/ Partly Effected 760 – 995 25
11 Bhald Gaon BR/ Partly Effected 756 – 873 31
12 Bhenga BR/ Partly Effected 768 – 1076 15
13 Nargarh BR/ Partly Effected 718 – 910 11
14 Pipola Khas BR/ Partly Effected 745 – 1020 129
15 Uttad BG/ Partly Effected 735 – 940 44
16 Khand Dharmandal BG/ Partly Effected 730 – 950 289
17 Chol Gaon BG/ Partly Effected 710 – 923 98
18 Nanvan BG/ Partly Effected 747 – 1210 52
19 Nandgaon BG/ Partly Effected 768 – 904 140
20 Kalbagi BG/Partly Effected 769 – 905 93
21 Sarfal BG/Partly Effected 755 - 1080 21
Sources:
=Rehabilitation Policy 1995, THDC
= Rehabilitation Department Of Uttranchal Govt.
BR---Bhagirathi Valley, BG---Bhilangna Valley
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