The raising of Sardar Sarovar Dam’s water level came under the Supreme Court’s scrutiny on Wednesday after the project-affected families who were to receive rehabilitation packages after their villages were submerged complained of not receiving any compensation till date.
Moving the court for protection of their right to life under Article 21, five project-affected persons based in Madhya Pradesh said that the water level in the dam was 138.08 metre as on Tuesday. This is impermissible, said senior advocate Sanjay Parikh, citing the Madhya Pradesh government had admitted that about 8,500 petitions were pending before the grievance redressal authority (GRA). The fact was also brought to the notice of the Narmada Control Authority (NCA), the nodal agency manning the multi-state Sardar Sarovar Dam project.
The bench of Justices NV Ramana and Ajay Rastogi noted that since the rehabilitation package was fixed under an award passed by the Narmada Water Disputes Tribunal, there was nothing the court could do to enforce it unless the parties concerned file a suit.
DAMMED SUM
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- In 2017, SC allowed that in case of awarding land, the project-affected persons could be given Rs 60 lakh in lieu of five acres of land
- MP govt admits that 115 families are eligible for Rs 60L recompoense each, but the sum could not be doled out as it had not been received from Gujarat government
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But moved by the plight of the thousands of families who stand to lose their lands under water, the bench agreed to issue a notice on the petition and seek a response from the Centre, NCA and Madhya Pradesh government.
As per the petition, the water level in the dam is being increased by Gujarat without heeding the decision taken by the NCA in July 2019 which directs all states concerned to first prepare an action plan on the relief and rehabilitation package.
The lead petitioner before the apex court is one Madan Singh who claimed that more than 25% of his land is affected due to the reservoir’s rising water level. He is entitled to a five-acre land. The GRA passed an order to the effect in 2015, but ity has not been complied with.
In February 2017, the Supreme Court had held that the terms of the tribunal award were binding as a decree and ought to be complied with.
The court allowed that in case of awarding land, the project-affected persons could be given Rs 60 lakh in lieu of five acres of land. Two years have since elapsed and the amount is outstanding.
The court ordered that the money should be given out to the affected parties six months prior to submergence, and at present, the submergence has taken place without the earlier court order being followed.
The MP government has admitted that 115 families are each eligible for Rs 60 lakh compensation, but the sum could not be doled out as it had not been received from the Gujarat government.
The apex court will next hear the petition on September 26.
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