ARMADA BACHAO ANDOLAN, (62, Gandhi Marg, Badwani-MP)
JABALPUR HIGH COURT: CORRUPTION IN SSP PAFs REHABILITATION
+ High Court strongly reacts to prolonged inaction by Narmada Control Authority
and GoMP in containing corruption
+ Directs Govt. to provide detailed data on all eligible PAFs
excluded from list of declared by 22nd July, 2009
The PIL on rampant and continuing corruption and irregularities in
rehabilitation of the Sardar Sarovar Project affected persons went yet another
step ahead today with NBA filing its detailed rejoinder to the reply affidavits
filed by the Narmada Control Authority, NVDA and Government of Madhya Pradesh.
The hearing today was pursuant to the hearing on the 19th of June, when the
Court had agreed to hear the parties in detail on the various aspects of
corruption. NBA had filed detailed rejoinders on the 19th and again today
stating, with specific examples of individuals and villages how corruption is
continuing unchecked and not just senior officials, but even the Counsels and
the Court are, in a way, mislead by suppressing the facts and even forging
documents!
Medha Patkar, arguing for the petitioners began by strongly contesting the
position of the Respondents who had filed a Special Leave Petition in the
Supreme Court specifically praying to set aside the Order of the High Court
dated 21-08-2008, through which the Justice Jha Commission was constituted and
instead, while arguing stated that they were not against the Commission, but
only wanted the Interim Order of the High Court of 24th, April regarding
disbursal of livelihood grants to be stayed. The Respondents, stating that the
Supreme Court is ‘seized’ of the matter tried to convey that High Court may
give a ‘final hearing’ in the matter. However the petitioners showed that the
Supreme Court Order dated 10th March 2008 clearly stated that the Court is
aware of the ongoing PIL in the High Court and when the Court-appointed Jha
Commission Report is awaited and a series of I.As on serious allegations and
complaints of corruption not yet responded, the case would continue.
It was also argued on behalf of the petitioners that despite repeatedly
providing information and complaints to the Narmada Control Authority and the
Central Ministries, no action was taken, expect sending letters to the state
government and clearing the dam height without actually fulfilling its
monitoring mandate as power the Narmada Tribunal Award and Supreme Court
Judgements. Responding to the petitioner’s complaint that the NVDA has till
date, almost one year after seeking information under RTI, not yet provided the
list of all PAFs who have been declared ineligible, whereas this is a matter
concerning the issues of life, liberty and livelihoods of the PAFs and must be
provided within 48 hours, the Bench comprising Chief Justice Shri A.K. Patnaik
and Justice Shri P,K. Jiaswal directed that detailed lists of all the PAFs must
be provided by the State by the next date of hearing.
In the interim, the Court had also required the NBA to provide a sample list of
eligible PAFs who were denied lawful rehabilitation entitlements as per law and
policy, Contending that the issue of corruption in Sardar Sarovar is so huge
that it may be beyond the bounds of the Registrar (Vigilance) to investigate,
the Court favoured independent investigation into all these matters, and
stated that it is their constitutional prerogative to intervene when the state
authorities fail to act as per law.
The Court has also observed that the haste which the Government is showing with
all the development projects should be reflected at least in half by seriously
taking the environmental compliance measures and rehabilitation of the project
affected persons. The petitioners had once again conveyed through concrete data
how corruption is resulting in violation of the right to life and right to
rehabilitation of thousands of PAFs.
Senior Counsel Mr. Bhargav represented the GoMP / NVDA and Mr. Naqvi argued for
the NCA. The next of hearing has been posted to 22-07-2009.
Shrikanth Kamla Yadav