A three-judge Bench of the Supreme Court on May 3 dismissed petitions filed by Medha Patkar-led Narmada Bachao Andolan to review an apex court judgment and expunge adverse remarks made against the organisation in connection with the issue of land acquisition for Omkareshwar dam project in Madhya Pradesh.
A Bench of Justices R M Lodha,Deepak Verma and B S Chauhan observed in its order that they had decided to dismiss the review petition filed by the NBA against its May 11,2011 judgment after careful consideration of the available material.
The judgment does not suffer from any mistake apparent on the face of the record warranting any review, the Bench said in its short order.
Disallowing the NBAs plea against the September 29,2011 order,the Bench passed a similar order. We have carefully considered the review petitions and the available material. No ground is made out for the review of the said order, it said.
The NGO had sought review of the verdict by which the apex court had quashed the February 21,2008 order of the Madhya Pradesh High Court treating every major member of a family as a separate unit allotment of land for rehabilitation.
The apex court which had examined the NBAs applications for expunging the remarks,had disposed them by modifying its observations in the September 29 order.
We reach the inescapable conclusion that the NBA has not acted with a sense of responsibility and not taken appropriate pleadings as required in law. However,in a PIL,the court has to strike a balance between the interests of the parties. The court has to take into consideration the pitiable condition of oustees,their poverty,inarticulateness,illiteracy,extent of backwardness,unawareness also, the court had said.
It is desirable that in future,the court must view presentation of any matter by NBA with caution,insisting on proper pleadings,disclosure of full facts truly and fairly and an affidavit of some responsible person in support of facts contained therein, it had said.