The Hindu : SC declines to stay move on dam height

Online edition of India's National Newspaper
Thursday, May 23, 2002

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National

SC declines to stay move on dam height

By Our Legal Correspondent

NEW DELHI May 22. The Supreme Court today declined to stay the decision of the authorities concerned to raise the height of the Sardar Sarovar Dam on the Narmada river by five metres (from 90 metres).

A vacation Bench of the court, comprising Justices N. Santosh Hegde and S.N. Variava, at the same time issued notice to the Centre and Gujarat, Madhya Pradesh and Maharashtra Governments (respondents) on a petition from the Narmada Bachao Andolan (petitioner) against the decision to raise the height of the dam without the completion of the stipulated rehabilitation of the dam oustees.

The respondent-State authorities were directed to file their replies before May 30.

Earlier, Shanti Bhushan, senior counsel for the petitioner submitted that according to the Apex Court's earlier directive rendered in October 2000, the authorities concerned should have ensured the environmental clearance and full rehabilitation of the dam oustees before deciding to increase the height of the dam.

In response to a query from the Bench as to why the petitioner did not approach for necessary relief the grievance redressal authority (GRA), headed by a retired judge in each of the three States, the counsel submitted that the GRA did not have the power to stay the decision in respect of increase in the height of the dam.

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