20 May 2002
NARMADA DAM DISPUTE BACK IN
SUPREME COURT
From Jal Khambata
NEW
DELHI: The Narmada Bachao Andolan (NBA) of Medha Patkar is back in
the Supreme Court with a fresh writ petition listed for hearing on
Wednesday on the last Friday's clearance to further raise the height
of the Sardar Sarovar Dam on the Narmada from 90 to 95 metres.
The
euphoria sought to be caused by the Gujarat Government with
announcements to start further construction and completion up to 95
metres before the monsoon that is only three weeks away weighed in
favour of an immediate listing of the petition.
The vacation
Bench of Mr Justice Santosh Hegde and S. N. Variava was otherwise
reluctant to grant any urgency to the petition pointing out that the
increase of height of the dam was also covered in an earlier judgment
of the Supreme Court on the NBA's petition.
They, however,
relented to list it for hearing on Wednesday only when NBA counsel
Prashant Bhushan succeeded in persuading them by pointing out that
the construction had already started and the Gujarat Government has
announced to complete it before the monsoon.
The petition
seeks to point out that the Narmada Control Authority (NCA) that
monitors construction of the project had not bothered to abide by the
Narmada Tribunal Award as re-confirmed by the Supreme Court that the
permission for gradually raising the dam's height should be given
only six months after the resettlement of the people to be affected
by submergence.
Counsel Prashant Bhushan also contended that
"they are trying to amend the Award which specifically mandates
land for land as compensation to the oustees."
The
petition points out that the construction should follow resettlement
as "pari pasu" and not the otherway round which will happen
because of the NCA decision that will submerge land and houses of the
people in the coming monsoon since their resettlement was not treated
as the condition for permitting the government to raise the dam's
height further.
A reference is also made to the authorities
headed by the retired High Court judges set up in Gujarat, Madhya
Pradesh, Maharashtra and Rajasthan at the instance of the Supreme
Court to monitor resettlement and rehabilitation, pointing out that
the NCA did not verify from these authorities regarding the correct
resettlement before giving a green signal to raise the dam's height
further. END