Supreme Court demands report on Sardar Sarovarreservoir regulation, not by NCA, but by Secretary, Ministry of Water Resources
Narmada Bachao Andolan
Press Note
(Hearing Dated 16.10.2019)
§ Supreme Court demands report on Sardar Sarovar reservoir regulation, not by NCA, but by Secretary, Ministry of Water Resources
§ The Bench directs that basic amenities to be provided to the Sardar Sarovar evictees
The Writ Petition filed by persons affected due to the unjust and illegal submergence, after the filling up of the reservoir of the Sardar Sarovar project, came up for hearing today before a Bench comprising of Justice Ramana, Justice Reddy and Justice Gavai. The Court took note of the submissions made in the rejoinder of the Project Affected Persons- that the Narmada Control Authority (NCA) was not functioning effectively and independently. It was noted that the posts of Members are held by only two persons, who, in fact, are husband and wife. Further, the Bench noted that the affidavits filed by Union of India and Narmada Control Authority were by the same deponent, which was unacceptable as the NCA was an independent authority.
Sh. Tushar Mehta, Solicitor General appearing for the Union of India, submitted that there was a report of the Sardar Sarovar Reservoir Regulation Committee, which met after the directions of the Court, was required to be put on record.
However, it was pointed out by Sh. Rahul Kaushik, counsel for the State of Madhya Pradesh that this was not a report on the meeting of the Review Committee, which comprised of the Chief Ministers of Madhya Pradesh, Gujarat, Maharashtra and Rajasthan, as required by the Court in order dated 26.09.2019. The Bench noted this contention but permitted the Union of India to file the report.
With respect to R&R, it was submitted that Gujarat was willing to pay any amount as directed by this Hon’ble Court, in addition to Rs. 400 crores already paid. The Court, however, stated that the question which required immediate redressal is the amenities to be provided to the affected persons.
Sh. Sanjay Parikh, Senior Counsel for the Petitioners, pointed out that thousands of persons are affected due to the submergence and living in dismal conditions, without shelter, and their condition required immediate intervention.
In light of the above, the Court directed the Union of India to file the report at the earliest and listed the matter on Monday, 21.10.2019.
In the meanwhile, the State of Madhya Pradesh was directed to ensure that basic facilities required by the affected persons be provided and necessary civic amenities are ensured for those persons, who are evicted due to submergence, and living without shelter.
Divyansh Khurana, Mukesh Bhagoriya, Rahul Yadav, Medha Patkar
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