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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 1657 OF 2018
BHARAT JHUNJHUNWALA Appellant(s)
VERSUS
PUSHP SAINI & ORS. Respondent(s)
O R D E R
1. From the perusal of the affidavit filed by
the respondent No.3 (Department of Water
Resources), it would reveal that the Union of India
has appointed number of experts committees before
coming out with a notification dated 09.10.2018 for
conducting the environmental flow assessment. The
said committees have used the scientific studies
and hydraulic rating cum habitat simulation method
to estimate flow parameters such as depth, velocity
and top flow width.
2. The notification dated 09.10.2018 further
entrusts Central Water Commission (CWC) as the
designated authority and custodian of the data
responsible for supervision, monitoring, regulation
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for flows and reporting of necessary information to
the appropriate authority as and when required. The
CWC has also been authorized to take emergent
decision about the water storage norms as also to
submit flow monitoring-cum-compliance report on
quarterly basis to the NMCG.
3. It is settled law that this Court while
exercising powers of judicial review can only
examine the decision making process and not the
final decision.
4. We find that before issuing the notification
dated 09.10.2018, the Union o...