Sardar Sarovar: SC hears Centre, petitioner; next hearing on May 8

Next Monday would be important in deciding the fate of the Sardar Sarovar dam. After hearing the arguments of the petitioner NBA and the Central Government, the Supreme Court adjourned the matter to next Monday.

Next Monday would be important in deciding the fate of the Sardar Sarovar dam. After hearing the arguments of the petitioner Narmada Bachao Andolan (NBA) and the Central Government, the Supreme Court adjourned the matter to next Monday. A three-member special Bench headed by Y K Sabharwal asked the petitioner to submit its objections in writing for Madhya Pradesh to reply to each of the points.

Today, the NBA argued for a stay on the ongoing construction for raising the height of the dam to 121 m contending that the MP government had failed to complete the R&R. Its counsel Shanti Bhushan argued that the reply of the state government submitted last week suggested that some of the R&R sites in the affected areas were yet to be completed.

He said the apex court verdict of 2000 had clearly said that R&R had to be completed a year before the permission for raising the height of the dam was given.

‘‘The judgment had said in crystal-clear terms that all R&R had to be completed a year before submersion. As per their own affidavit, there are at least 11 R&R sites that are still ‘under-construction’. This is April when all this should have been ready last July, one year before submergence,’’ he argued.

He said how could people move without electricity, schools and hospitals being ready. ‘‘This violates the Supreme Court order in letter and spirit.’’

He also raised objections to another para in the MP affidavit, which says that Gujarat is the only state that needs to have the facilities in place one year in advance — a similar direction to the other states is conspicuous by its absence. ‘‘This is absurd…the award is quite clear, not just Gujarat but MP and Maharashtra also have to comply,’’ he said.

Another point which the NBA raised was the fact that nearly 300 oustees had been offered the same piece of 7 acres. To this the MP Government’s counsel countered that once a family refused a piece of land, it was offered to somebody else.

Story continues below this ad

There was also discussion of the Special Rehabilitation Package (SRP), which is a cash package given to the oustees to buy agricultural land. ‘‘The money that is paid to them is 50 per cent of the total eligibility and that too is not enough to buy fertile land in that area. More than 2,000 oustees have just been given this 50%. Would you call them rehabilitated?’’ asked Bhushan.

Bhushan, who did not spare even the Prime Minister, said, ‘‘Nobody is bothered about the welfare of the oustees and everybody was concerned with their vote bank, even Prime minister Manmohan Singh.’’

Towards the end of the hearing, dominated by NBA’s arguments, the

Centre told the Supreme Court that it would conduct a month-long survey for getting a ‘‘holistic view’’ on R&R.

Story continues below this ad

Maintaining its stand that the construction for raising the dam’s height from 110 to 121.9 metres will continue, additional Solicitor General Gopal Subramanian submitted that the Centre would deploy National Sample Survey Organisation (NSSO) from May 19 to June 19 to verify the claims of R&R by conducting sample checks.

While sample checks would be carried out on each aspect of R&R, the Centre will give directions to the MP Government for complying with on different aspects, he said.

This the plan of action formulated by the Shunglu Committee set up by the Prime Minister last Monday. It has already met twice.