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By Our Legal Correspondent
A three-judge Bench, comprising Justices S. Rajendra Babu, D.M. Dharmadhikari and G.P. Mathur, said by a 2:1 majority that the petitioner, N.D. Jayal, had not established nor placed any material to show that the work was being carried out without complying with the environment norms and guidelines. Justices Babu and Mathur, giving the majority verdict, said the work was being carried out under the supervision of a monitoring committee. The Bench, however, made it clear that tunnels number one and two should not be closed and no further impounding of water should be carried out till the rehabilitation work was completed. Justice Dharmadhikari, giving the dissenting verdict, said that an expert committee should be set up to carry out all scientific tests, including a 3-D seismic survey, and suggest corrective measures. He also said that the rehabilitation work should be completed. The petitioner had alleged that the construction of such a big project in an active seismic zone had rendered the dam unsafe as no tests regarding safety of the dam from earthquakes, experienced frequently in the region, had been carried out so far.
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