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This is an archive article published on May 8, 2006

SC bench to decide on Sardar Sarovar today

To review Madhya Pradesh’s reply to NBA submission

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The stage is set for the final battle on the Sardar Sarovar dam in the Supreme Court tomorrow. The three-member special bench will take a view on whether to allow the construction to go on after reading the Government of Madhya Pradesh’s (GoMP) detailed reply to the written submission sent by the Narmada Bachao Andolan (NBA).

While the NBA stuck to its stand that rehabilitation should have been complete last June for all oustees affected by the dam height of 121 metre, MP has countered saying they are not required by the award to rehabilitate them a year in advance. It claims only Gujarat has to provide land and house plots a year in advance as per the Narmada Waters Dispute Tribunal Award (NWDT) award.

‘‘Clause XI of the Award requires GoMP to give notice to project affected families (PAFs) for vacation of submergence area six months before the submergence. The same has been complied with by GoMP,’’ says the written submission. It also claims to be in the clear as long as payments of compensation, expenses and cost for acquisition of land/properties is done. They point out that ironically no provision has been made in the award as to what happens when oustees do not accept the land/RR package offered to them and do not leave the submergence area on their own.

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On the 11 rehabilitation sites not being ready, the state says work at the sites does not pose any serious impediment to construction of houses by PAFs. On the bogus offer of land to 319 families, the government has clarified that these PAFs were offered plots on rotational basis and not at one point of time.

Once a plot was rejected, it was offered to another and so on. None of these 319 PAFs was actually interested in obtaining land from MP and they did not even visit the sites. On NBA’s stand that those who have been given half the cash package cannot be counted as rehabilitated, the government says the PAFs have already been distributed 50 per cent of their Special Rehabilitation Package (SRP). The remaining can be availed at any time they go to purchase land of their choice. The state is ready and willing to distribute the remaining 50 per cent as soon as they purchase land or enter into an agreement to purchase land.

The state claims the issue of cash being disbursed in rehabilitation packages has been cleared by the Grievance Redressal Authority and is equivalent to what the award stipulates.

The Centre has already communicated to the court that it has set up an overview committee to assign National Sample Survey Organisation to survey all oustees and gauge the exact situation. It says the construction need not be stopped as the Centre will ensure that the remaining oustees are rehabilitated before the next monsoon.

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