Tuesday, Jun 04, 2002
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By Our Legal Correspondent
A vacation Bench comprising Justice Santosh N. Hegde and Justice S.N. Variava adjourned till then the proceedings of the PIL filed by the Narmada Bachao Andolan for a direction to the NCA not to raise the height of the dam from 90 metres to 95 metres without proper rehabilitation. Appearing for the NCA, the Solicitor General, Harish Salve, submitted that the NCA would file an affidavit clearing the allegations made by the petitioner that the height was being raised without completing the relief and rehabilitation measures. Meanwhile, as directed earlier by the court, the States of Madhya Pradesh, Gujarat and Maharashtra as well as their grievances redressal committees filed replies. The petitioner in its supplementary affidavit submitted that in Madhya Pradesh alone, more than 70 villages would be affected as the villagers had not been rehabilitated or shifted. The petitioner pointed out that the State Government had stated in its affidavit that only nine villages were to be affected. But it had issued an advertisement in a newspaper on June 1 informing the oustees of 38 affected villages in Dhar district to vacate their villages by June 5 as their lands, houses and other properties were going to be affected by submergence during the coming monsoon. On behalf of Maharashtra, it was submitted that until the resettlement of the eligible project affected families (PAFs) was completed, the height of the dam might not be increased. On behalf of Gujarat and Madhya Pradesh, it was categorically stated that there was complete compliance with the Supreme Court's judgment as also that of the tribunal in regard to the rehabilitation of the oustees. Mr. Salve contended that the decision to raise the height of the dam was taken only after proper consultation with the respective States in regard to rehabilitation of the oustees. He submitted that the NCA would file an affidavit in this regard. Further arguments will continue on Wednesday.
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