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