SC refuses stay on Narmada dam construction

New Delhi, May 8: In a major setback to the Narmada Bachao Andolan, led by Medha Patkar, the Supreme Court today refused to grant stay against the ongoing construction work to raise the height of the Sardar Sarovar Dam from 110 mt to 121.92 mt.

A three-judge bench, comprising Chief Justice Y K Sabharwal, Justice K G Balakrishnan and Justice S B Sinha while adjourning the hearing till July 7, said, ''We are not inclined to stop the construction at present.'' The court referring to the statement of Additional Solicitor General Gopal Subramaniam, appearing for the Centre, said the committee appointed by the Prime Minister under the chairmanship of former Comptroller and Auditor General V K Sanglu is likely to submit its report about the status of relief and rehabilitation measures by June 19.

Prime Minister Manmohan Singh is likely to take a decision on or before June 30 on whether to stop the construction or allow it to continue.

The court, expressing hope that all concerned will cooperate with the new committee, said, ''We shall also be in a better position when the report of the new committee appointed by the Prime Minister is available in respect of the status of relief and rehabilitation measure taken by the state of Madhya Pradesh.'' The court also directed the government to place on record by July 6 he status report submitted by the committee headed by Mr Sanglu as well as the decision taken by the Prime Minister.

Earlier, senior counsel Shanti Bhushan appearing for the petitioner, NBA, pressed for interim stay against the ongoing construction on the grounds that relief and rehabilitation work was lagging behind and progress cannot be permitted at the cost of poor tribals and farmers. Mr Bhushan also relied on the Supreme Court judgement which said that relief and rehabilitation work shall be completed one year prior to the start of construction to raise the height of the dam.

He also refuted the claims of the state of Madhya Pradesh that all the oustees have already been rehabilitated.

The Additional Solicitor General, however, refusing to take a clear stand on the issue whether construction should be stopped or allowed to continue, said it will not be correct to give a blanket statement that no rehabilitation has taken place at all.

He also read out from the affidavit of the state of Madhya Pradesh to point out that only 177 villages were affected and out of 18,965 project affected families (PAF) only 4,286 PAFs were entittled to land. In all 3,879 families have accepted special rehabilitation package and out of 470 families only two have taken possession of the land so far.

NBA, expressing lack of faith in the political functionaries pleaded for appointment of a court-appointed committee which shall submit its report after making an on-the-spot assessment regarding the progress of relief and rehabilitation measure.

It may be noted that the agitation for rehabilitation of the oustees has been going on for more than 20 years.

The Supreme Court has set June 30, 2006 as the deadline for completion of rehabilitation of the oustees.

There are also allegations that the Madhya Pradesh government was buying land at a much higher price than its market value and its officers are conniving with local land mafia.

According to the reports, the state government has paid Rs six lakhs for two acres of land which is not fit for agricultural purpose due to its salt content and having a market value of Rs 46,000.

UNI