The Writ Petition, filed by persons affected by submergence in Sardar Sarovar due to direction given by the Narmada Control Authority contrary to Narmada Tribunal’s Award (NWDTA) and earlier judgments of the Supreme Court, wherein it is mandated that no submergence should take place without rehabilitation, came up for hearing today after impleadment of State of Gujarat and Maharashtra as parties.
Sanjay Parikh, Senior Advocate, appearing for Petitioners, submitted before the Supreme Court that Sardar Sarovar being an inter-State project, terms and conditions of the Award are binding on the concerned States i.e. the States of Gujarat, Madhya Pradesh and Maharashtra. The stipulation that no submergence should take place till complete resettlement and rehabilitation is done, is not only a mandatory condition in the said Award, but was also affirmed by the Supreme Court judgments in 2000 and 2005. In those judgments, the Supreme Court held that even temporary submergence cannot take place till R&R is complete. After the last order in February, 2017, the complete R&R should have been done but the same did not happen and immense sufferings faced by the people, affecting livelihood, shelter and life, continue.
It was pointed out by the Petitioners that in April 2019, the State of Gujarat insisted that the dam should be filled up to 138.68m, to check the safety of the dam and testing the dam gates.Also,though the Award entitles the State of Madhya Pradesh and State of Maharashtra to receive a defined share in the generated electricity at the project, but the State of Gujarat, instead of operating RBPH(the main power house)assured that they will compensate the respective States. The State of Madhya Pradesh, by letter dated 27.05.2019, objected to this unilateral decision and, among others, pointed out the loss of 229 cr due to non-production of electricity and that the R&R of thousands of families is pending. The NCA (R&R Sub Group) in its proceedings dated 15.07.2019, though noted Clause VI(2)(iv) of NWDTA which clearly stipulates that no submergence should take place without rehabilitation, it permitted raise of water level in the dam as per the schedule,in the following manner:
Sl. No. Dam Height Date
1. EL 131.18 12th August, 2019
2. EL 134.18 31st August, 2019
3. EL 137.72 30th Sept, 2019
4. EL 138.68 15th Oct 2019Though it was noted in these proceedings that rehabilitation wasn’t not complete, the NCA only said that according to NWDTA, orders of the Supreme Court, Action Plan should be framed by each state to shift people. Due to this illegal decision, water started rising in the reservoir and was raised by targetting the special date of 17.09.2019 , to reach the full reservoir level of138.68 mts.. This violated even the time schedule mentioned above. As a result, 178 villages, people living there with women and children, having livelihoods, including prime agriculture, fisheries, cattle grazing, water transport, trading etc with schools, dispensaries, places of worship, roads, a large number of trees, grazing land, got submerged, resulting in the human calamity of the worst kind. The said decision was, in fact, a cruel and inhuman way to compel people to vacate under threat of and imposed submergence.
Today, the Bench consisting of Justice N.V.Ramana and Justice Ajay Rastogi, issued notices to Union of India, States of Maharashtra, Madhya Pradesh, Gujarat and Narmada Control Authority directing them to reply. The case is listed for hearing on 26.09.2019 to decide the question of rehabilitation before submergence as well as the water level to be maintained in the Sardar Sarovar Dam.
