ANNEX – 1
Chronology of Significant Happenings: Sardar Sarovar Project
(1979 to 2015)
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Sl. No. |
Date |
Issues / Events |
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1. |
1979
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Narmada Water Disputes Tribunal Award promulgated, decising the benefits, rights and responsibilities of Madhya Pradesh, Maharashtra and Gujarat. Narmada Control Authority also constituted. |
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2. |
24th June, 1987 |
Conditional Environmental clearance granted to the SSP by MoEF |
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3. |
10th October, 1988 |
Investment Clearance granted to SP by Planning Commission |
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4. |
1993 |
World Bank funding for SSP withdrawn after major resistance by the people’s struggle and a critical review by Morse Commission. |
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5. |
1994 |
Narmada Bachao Andolan approaches Supreme Court challenging the dam construction from 69 mts to 80 mts, without rehabilitation. Apex Court stays dam work for 4 years, due to non compliance on R&R measures as per NWDTA. |
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6. |
18th October, 2000
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Supreme Court delivered judgement permitting conditional raise in dam height successively as per NWDTA, after pari passu compliance on rehabilitation and environmental measures and clearances by R&R, Environment Sub-Group & GRAs. Upholds R&R prior to submergence and better-off standard of living post-displacement as part of right to life. |
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7. |
2001 |
Govt. of M.P. introduces a cash scheme called Special rehabilitation Grant in violation of the NWDTA and Apex Court’s Orders. |
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8. |
14th May, 2003 |
Although families affected below 80-95 mts were not rehabilitated, decision was taken by the NCA to raise the dam height from 95 to 100 mts, contrary to above judgment of 2000. |
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9. |
16th March, 2004 |
Although families affected below 100 mts were still awaiting rehabilitation, as per NWDTA, NCA permitted raise in dam height from 100 mts to 110.64 mts. |
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10. |
15th March, 2005
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3 Judge Bench of Supreme Court strikes down artificial distinction between temporary and permanent submergence, directs pari pasu rehabilitation of all oustees with cultivable, irrigable and suitable lands and uphold right to land of adult sons as well |
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11. |
16th June, 2005 |
Govt. of M.P. introduces the Special Rehabilitation Package offering cash in lieu of land to oustees eligible to 2 hectares of cultivable land as per NWDTA, in contravention of the Apex Court’s orders |
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12. |
8th March, 2006 |
While the rehabilitation of oustees affected under 110.64 mts was not done, as per law, and was under consideration by this Hon’ble Court, R&R Sub Group and NCA granted permission to raise the dam from 110.64 to 121.92 mts. The said permission has also been challenged in the pending applications. |
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13. |
5th April, 2006 |
Former Prime Minister constituted a Group of 3 Ministers comprising Prof. Saifuddin Soz, Former Minister of Water Resources, Smt. Meira Kumar, Former Minister of Social Justice & Empowerment and Shri Prithviraj Chavan, Former Minister of State in the Prime Minister’s Office to examine the status of rehabilitation on the ground. This GoM submitted its Report on 9th April, 2006 in which it concluded that “the complaints from quarters that the R&R of oustees of SSP has not taken place in consonance with the orders of the Supreme Court have been found to be correct”. It also observed that “The Reports of R&R sub-group and the GRA on the basis of which NCA granted permission for raising the height has been largely paper work and it has no relevance with situation on ground.” |
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14. |
17th April, 2006 |
Apex Court directed that all R&R had to be provided to the oustees in letter and spirit and decisions of the Court. It was further made clear to the State Governments that “if the relief and rehabilitation to the unfortunate oustees are not granted in letter and spirit, this Court will have no option but to stop the on-going construction”. |
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15. |
3rd July, 2006 |
An Oversight Group headed by Shri V.K. Shunglu appointed by the Government submitted status of R&R to the Prime Minister. The OSG in its Report, inter alia found that: a. Cultivable and irrigable land is not available for R&R with PAFs entitled to land and they have little choice, but to accept SRP. b. R&R sites have not yet been completed with all civic amenities. c. 6000 + families were found in submergence areas but were not included in the official lists. |
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16. |
10th July, 2006 |
Prime Minister, after going through the report of the Shunglu Committee (OSG), submitted a written commitment to the Apex Court, in which he directed the Govt. of M.P. to accelerate the relief and rehabilitation works so that all the relief and rehabilitation sites can be brought at par with each other and “the same should be attempted to be completed before work on construction of the dam is resumed”. It was further directed that “Ministry of Water Resources and the Government of Madhya Pradesh will suitably strengthen these bodies so that efficient supervision is ensured. The Ministry of Water Resources may take note of these directions and the Government of Madhya Pradesh be advised accordingly for strict compliance. “ |
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17. |
23rd April, 2007 |
Supreme Court directed the GoMP to file an affidavit and state as to how through the SRP is leading to compliance of 2005 judgement. |
18.
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4th January,
2007
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Contempt Petition © No. 18 of 2007 in IA No. 21 – 22 of 2006 filed by SP oustees to initiate contempt proceedings against SSCAC, SSNNL, NVDA, NCA and R&R Sub Group in raising dam height without completing R&R and in violation of orders of this Hon’ble Court. |
19.
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6th September, 2007
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Chairperson, NCA and Secretary, Ministry of Water Resources wrote to the Chief Secretary of GoMP to ensure that “appropriate institutional checks may kindly be put in place to ensure that funds released through SRP is utilized in purchase of agricultural land and to ensure complete compliance of the NWDT award’. |
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20. |
October, 2007 |
Writ Petition filed by NBA before the High Court of Madhya Pradesh on the issues of massive corruption in the rehabilitation of SSP PAFs – especially on the large number of fake land registries and irregularities at the resettlement sites. |
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21. |
23rd January, 2008 |
Chairperson, NCA wrote to CS, GoMP noting that ‘SRP had not worked for a large number of PAFs because of the failure of the institutional mechanism to implement the package to ensure that the PAFs purchase agricultural land’. She directed:
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22. |
21st August 2008 |
High Court of M.P. took serious cognizance of the large-scale corruption in R&R and appointed (Retd.) Justice S.S Jha Commission of Inquiry to inquire into and submit a report on the following matters: a) Inquiry into the fake land registries that has not led to actual land purchase and loss of crores of rupees from the state exchequer. b) Sub – standard quality of construction works at 88 resettlement sites. |
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23. |
13th February, 2009 |
Expert Committee appointed by MoEF submits its final view on the issue of construction of piers and bridges and concludes that the revised Back Water Levels are in violation of NWDTA, flawed on technical grounds and unsafe for planning of environment and R&R measures. |
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24. |
11th May, 2009 |
Supreme Court directs that all payments by cash or cheque after 24-04-2009 shall be subject to scrutiny by Justice Jha Commission of Inquiry appointed by the High Court – a measure to check corruption. |
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25. |
8th October, 2009 |
Attorney General for India submitted his Opinion to the Govt. of India, interalia stating that the approval of this Hon’ble Court needs to be taken, for any construction beyond 121.92 mts, since R&R of PAFs below 121.92 mts is also sub judice. The AG opined that construction of piers and bridges would also imply fresh construction in the light of the 2000 judgement and cannot be undertaken without permission from the Hon’ble Apex Court and without receipt of Report from the Justice Jha Commission of Inquiry. |
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26. |
12th November, 2009 |
M.P. High Court expanded the Terms of Reference of the Jst. Jha Commission to also enquire into the alleged corruption/irregularities as to livelihood grants and alternative livelihood, house plot allotment and re-allotment at the R & R sites; payment of compensation and grants to the ineligible persons. |
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27. |
February, 2010 |
MoEF’s Expert Committee submits its second report concluding gross violations of the conditions in the environmental clearance and recommends no further reservoir filling, until further compliance. |
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28. |
1st April, 2010 |
Environment Sub Group of NCA grants clearance to the Phase-I of SSP for construction of piers, over head bridge and gates in raised position on the condition that here should be ‘no additional submergence’. |
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29. |
9th April to 24th April |
Thousands of SSP oustees hold a fortnight long peaceful sit-in at the NCA headquarters at Indore challenging the legality of ESG clearance and demanding full R&R before further raise in dam height. |
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30. |
26th April, 2010 |
Grievance Redressal Authority of Madhya Pradesh consents to Phase-I of SSP, assuming the R&R of all families and noting, on the basis of the flawed BWLs that there would be no additional submergence. |
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31. |
Aug-Sep, 2012 |
Major flooding due to water releases from upstream dams causes severe, unlawful submergence of hundreds of houses and large tracts of farm land in the plain and hilly areas of M.P. and Maharashtra. |
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32. |
27th June, 2013 |
R&R Sub Group grants clearance to the Phase-I of SSP, assuming the complete R&R of all families affected upto the full dam height. |
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33. |
Aug-Sep, 2013 |
Major flooding due to water releases from upstream dams causes severe, unlawful submergence of hundreds of houses and large tracts of farm land in the plain and hilly areas of M.P. and Maharashtra. |
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34. |
12th June, 2014 |
NCA permits SSNNL to carry out Phase–I proposal comprising construction of piers, over head bridge and installation of gates in open or raised position at SSP as per the approved design. |
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35. |
4th August, 2014 |
Supreme Court clarifies that the proceedings in Writ Petition on corruption in R&R can continue before the High Court. |
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36. |
October, 2014 |
SSP oustees and NBA file Applications in the Supreme Court challenging the 12th June, 2014 decision of NCA. |
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37. |
13th March, 2015 |
Supreme Court imposes cost of Rs. 25,000 on Govt. of M.P. for causal reports on R&R, directs 3 states to produce status of compliance on R&R directive issued by the GRAs |
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38. |
24th April, 2015 |
Apex Court hears cases of SSP oustees. Directs Justice Jha Comm. To submit Report. Next hearing on 24th July, 2014. |
ANNEX – 2
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A brief history of people’s resistance to the SSP |
As the people’s struggle in the Sardar Sarovar Project affected areas of the Narmada valley is all set to complete a resilient 30 long years, its indeed a time for all – the people, the activists, experts, planners, administrators and the political class to look back at the three decades of chequered history, dotted with numerous achievements and challenges; raising critical and fundamental questions about the claims of ‘democratic’ and ‘sustainable’ development. All those who have been keenly following the happenings in the valley are indeed aware of the complex dynamics of state-people relationship as also the myriad issues raised by the people and their Andolan, on the role and rights of the most marginalized – the tribals-farmers, fisher folk, landless in the development planning process, the costs and benefits of large water-resource projects, the irreparable environmental losses, the cultural slaughter, the hoax of rehabilitation, bureaucratic red–tape and the cruel corruption.
People’s voices and political opposition to the SSP in Madhya Pradesh existed since the late 60’s and continued upto late 70’s when the Nimad Bachao Andolan opposed the Project on the ground that vast swathes of Madhya Pradesh, its habitats and fertile farm lands would go under waters, with no real benefits to the state. Gujarat, however, being keen on harnessing Narmada waters, pursued, leading to the appointment of the Narmada Water Disputes Tribunal in 1969, promulgating its Award in 1979. The NWDT decided the apportionment of benefits and rehabilitation entitlements of the oustees. With the decision to construct SSP upto 138.68 mts, the Nimad Bachao Andolan slowly paled into insignificance.
In the early 80’s sporadic news of construction of SSP and its impacts was introduced by some activists to the adivasis in Maharashtra, who had no inkling of the Governments mega-development plans. Standing to lose their culture and centuries old land-habitats, nestled in the lap of the Satpudas and Narmada, the adivasis slowly, but studiously began organizing themselves. In village after village, the tribals, who did not even have proper land titles and to whom the concepts of compensation and rehabilitation were completely alien, began asking some of the most striking questions on people’s participation that shook the assumptions of the development planners, global funders and the political masters alike.
Initially called the Narmada Dharangrasth Samithi, the movement soon came to be widely known as the Narmada Bachao Andolan, since 1985, as the struggle moved to and intensified even in the hills and plain areas of Madhya Pradesh, spreading over the districts of Alirajpur, Badwani, Dhar and Khargone. Adivasis from the hilly hamlets to the farmers and workers from the densely populated villages and township Nisarpur and Dharampuri in the plains became more organized, articulate and vibrant radically questioning the injustice meted out to them. With no land and rehabilitation in sight, they gave out the slogan, No Dam, if no land. The Narmada struggle caught national and international attention alike, linking supporters and activists from different cities and countries, and strengthened its base in Madhya Pradesh, Maharashtra and Gujarat. In fact, the oustees from Gujarat and Kevadia colony-affected also joined and actively participated in the movement.
Upto 1988, the Andolan challenged the hasty process in which environmental and investment clearances were given to SSP, despite official admissions at the highest level of no readiness and colossal environmental damage. The movement raised all issues including rehabilitation of the submergence-afefcetd, canal-affected, R&R site and project-colony affected as well. Besides, economic cost-benefits, issues of distributive justice within Gujarat and among the three states was one of the core concerns of the Andolan. Likewise, least displacing and eco-friendly alternatives in the energy and water sectors was also an area that the Andolan keenly engaged with.
By 1993, the Wold Bank which assured a major funding to SSP had to review its decision, since the Bank’s own Inspection Panel, appointed after an intense challenge by the Andolan, concluded that rehabilitation and environmental compensation would almost be next to impossible and that the Project can be executed only by unacceptable means ! Following the Jalsamadhi action in 1993, the Govt. of India appointed a 5-member Panel that heard all parties and concluded ‘no plan’ for R&R and flawed hydrology, recommending a serious review of further dam work.
The Government branded NBA as an anti-development organization and it faced the wrath of Gujaratis belonging to both Congress and the BJP, atrocities by the state, ransacking of its offices and only receiving support from a minority of Dalits, Adivasis and Human rights groups. The Andolan continued to agitate with all peaceful, democratic means raising questions and demands within the legal framework for land and livelihood-based rehabilitation, prior to dam construction and submergence. When the government went on increasing the height of the dam in phases, NBA resorted to various peaceful agitations with thousands of adivasis and non-adivasis, women and men participating in the mass actions, long yatras lasting over weeks, national level conventions, support group meetings, facing the rising reservoir waters, jail bharo. Long fasts was one of the most visible modes of non-violent yet militant action adopted by NBA, compelling both the State and society at large to take notes of the issue.
Ignoring all scientific evidence, democratic processes ad constitutional values, the Govt. went ahead with the dam construction, which was challenged by NBA before the Supreme Court in 1994. As extensive exchange of pleadings between the 3 states, central govt. and NBA took place between 1994 to 2000, a fierce debate outside the Court, within academia, political and social circles ensued on the costs of ‘development’ ! Convinced of the violations, the Apex Court stopped the dam for 4 years, upto 1999, during which period some land had to be identified by Maharashtra and Gujarat for R&R, construction of resettlement sites progressed and the Grievance Redressal Authorities were established in the three states to resolve the claims of the oustees, numbering in thousands ! In Oct 2000 the Apex Court gave a 2:1 divided judgement; a green-signal for the dam, but strict conditions that the construction has to be as per the Tribunal’s norms, there must be no submergence before R&R, land and livelihoods must be secured as part of right to life, to ensure better-off situations after displacement. The further construction was subject to an elaborate process of seeking clearances from the Environment and R&R Sub Groups, GRAs and NCA. It went on to become a Judgement widely quoted and used in the case of numerous dams nationally and globally.
Although a protracted struggle led to land-based R&R of about 11,000 families in Gujarat and Maharashtra and establishment of about 300 R&R sites in the 3 states, a unique example in the history of global displacement, the threat of displacement of thousands others, doomed to submergence, at successive stages of the dam height, keep the Andolan in its struggle mode for many years to come. The struggle for land, livelihood through satyagrahas and agitations as well as court cases and contempt petitions continued as the Govt. blatantly flouted even the Supreme Court’s directives, leading to another strong order in 2005 on allotment of cultivable land.
The introduction of cash compensation in lieu of R&R entitlements, since 2001, in M.P. was both a violation of the legal mandate and also a vicious state strategy to wean away people from the core demands of rehabilitation. A few knowingly and large numbers involuntarily and left with limited choices, uncultivable/encroached land bank offers and misguided by middlemen and officials got entangled in the corrupt nexus resulting in fake land registries. At the height of the 21 day fast by Medha Patkar and oustees in April, 2006, after the dam was raised upto 121.92 mts, the Supreme Court threatened to stop the dam, leading to an assurance by the Former PM, that R&R would be ensured before dam work resumes.
Continuous pursuit by the NBA and the Union of India’s realization that the violations on environmental and rehabilitation fronts are too grave and coupled with the appointment of a Judicial Commission inquiring into corruption linked with rehabilitation, had meant that the dam could not be taken ahead in the past 8 years, although fraudulent clearances were obtained in 2010 and 2013. Hundreds of farmers and other oustees faces the wrath of unlawful submergence in 2010 and 2013. Their applications for R&R, compensation and other entitlement are pending and even if orders are passed b the GRA non-compliance is the norm.
NBA has all along been questioning the sincerity of Govt. of Gujarat towards Kuchchh, Saurashtra and the needy farmers in that state since it has never shown adequate interest and will to construct canals and has, of late, been diverting large quantities of water and command area land to industries. In this renewed scenario of injustice to Gujarat’s farmers as well, NBA has been vindicated and the questions become even more relevant. As the NDA Govt, has decided to tie a death noose around the 2.5 lakh people of the valley by deciding to take ahead the SSP upto its final height of 138.68 mts, in violation of laws, judicial mandates, ignoring performance appraisals, the people in the valley still have not lost hope. The struggle goes on…
The demand for a review, even at this belated stage, is certainly a reasonable one and is raised by the Andolan. Besides, the ongoing legal battles, the fact that as per the new Land Acquisition Act, 2013, the acquisition for SSP in major areas of Madhya Pradesh has lapsed is a major blow to the Government. At least, this law cannot be circumvented, as upheld by the Supreme Court in its most recent judgements. The people in the valley, are gearing up for yet another long struggle…as the Andolan symbolizes..Life is Struggle..
ANNEX – 3
LEGAL REGIME OF rehabilitation of ssp oustees
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NARMADA WATER DISPUTES TRIBUNAL AWARD, 1979
Sub-clause IV(7) of Clause XI of NWDTA: regarding allotment of agricultural land. “Every displaced family from whom more than 25% of its land holding is acquired shall be entitled to and be allotted irrigable land to the extent of land acquired from it subject to the prescribed ceiling in the state concerned and a minimum of 2 hectares (5 acres) per family, the irrigation facilities being provided by the State in whose territory the allotted land is situated. This land shall be transferred to the oustee family if it agrees to take it.”
Sub-clause IV(1) of Clause XI of NWDTA: regarding Provision for Rehabilitation Villages: “For oustee families who are unwilling to migrate to Gujarat, Gujarat shall pay to Madhya Pradesh and Maharashtra, the cost, charges and expenses for establishment of such villages in their respective territories on the norms as hereinafter provided”.
Sub-clause 10 in IV(3) of Clause XI of NWDTA regarding Provision for House Plots: Every oustee family shall be entitled to and allotted a house site i.e. a plot of land measuring 18.29 x 27.43m. (60′ x 90′) free of cost.
Sub-clause 1(3) of Clause XI of NWDTA – binding provision to provide agricultural land to major sons: 1(3): “Family” (i) A family shall include husband, wife and minor children and other persons dependent on the head of the family, e.g., widowed mother. (ii) Every major son will be treated as a separate family”.
Sub-clause IV(6)(ii) and V(3)(iii) of Clause XI of NWDTA regarding no submergence without rehabilitation: “In no event shall any areas in Madhya Pradesh and Maharashtra be submerged under the Sardar Sarovar unless all payment of compensation, expenses and costs as aforesaid is made for acquisition of land and properties and arrangements are made for the rehabilitation of the oustees therefrom in accordance with these directions and intimated to the oustees”.
“Gujarat shall at each successive stage of submergence intimate to Madhya Pradesh and Maharashtra the area coming under submergence at least 18 months in advance. The inhabitants of the area coming under the respective stages of submergence will be entitled to occupy or use their properties without being required to pay anything for such occupation and use till a date to be notified by the State concerned which date shall not be less than six months before submergence. They must vacate the area by the notified date”.
Sub-Clause II(2) and II(3) of Clause II of NWDTA – Lands which are to be Compulsorily Ac quired and related Clauses on Back Water Levels Enumerations.
II(1) : Madhya Pradesh and Maharashtra shall acquire for Sardar Sarovar Project under the provisions of the Land Acquisition Act, 1894, all lands of private ownership situated below the FRL + 138.68 m (455′) of Sardar Sarovar and all interests therein not belonging to the respective States. If on the basis aforesaid, 75 percent or more land of a contiguous holding of any person is required to be compulsorily acquired, such person shall have the option to compel compulsory acquisition of the entire contiguous holding.
II(2) : Madhya Pradesh and Maharashtra shall also acquire for Sardar Sarovar Project under the provisions of the Land Acquisition Act, 1894, all buildings with their appurtenant land situated between FRL+138.68m (455′) and MWL+141.21m (460′) as also those affected by the backwater effect resulting from MWL+141.21m (460′).
II(3) : The backwater level at the highest flood level in Sardar Sarovar shall be worked out by the Central Water Commission in consultation with Madhya Pradesh and Gujarat.
Sub-clauses 8(1), 8(2) and 8(3)(4) of Clause XIV of NWDTA regarding the role of Narmada Control Authority:
“The role of the Authority will mainly comprise of overall coordination and direction of the implementation of all the projects including the engineering works, the environmental protection measures and the rehabilitation program and to ensure the faithful compliance of the terms and conditions stipulated by the Central Government at the time of clearance of the aforesaid projects”. [Sub-clauses 8(1)]
The Authority shall be charged with the power and shall be under a duty to do any or all things necessary, sufficient and expedient for the implementation of the Order of Tribunal with respect to:
iv) Acquisition by the concerned States for Sardar Sarovar Project of lands and properties likely to be submerged under Sardar Sarovar.
v) Compensation and rehabilitation and settlement of oustees. [Sub-clause 8(2)] “The Authority shall issue appropriate directions whenever necessary for timely and full compliance by the concerned States within the Orders of the Tribunal in the matter of acquisition for and making available to Gujarat lands and properties likely to be submerged under the Sardar Sarovar Project and in the matter of compensation and rehabilitation of oustees there under” [Sub-clauses 8(3)] |
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Rehabilitation Policy for SSP Oustees in M.P
The Rehabilitation Policy for Narmada Oustees in M.P., which provided benefits over and above the award to various categories of oustees was introduced in 1987 and through periodical amendments was finalized in the year 2003.The basic objectives and highlights of the R&R Policy are:
a) The aim of the State Government is that all the displaced families as defined herein after, would, after their relocation and resettlement, improve, or at least regain, their previous standard of living within a reasonable time. b) Special care would be taken of the families of scheduled castes, scheduled tribes, marginal farmers and small farmers. c) While resettling families entitled for allotment of land, it will be ensured that viable units of land are given. d) The rehabilitation policy be so implemented that middlemen and profiteers would get eliminated. e) Landless agricultural labourers and non-agriculturist families would be assisted in rehabilitation at the new places by giving grant-in-aid in the initial period and self and wage employment opportunities. f) Mandatory prior certification of Collector in every case of cash disbursement for adivasi PAFs, in order to ensure that cash payment does not have adverse impact on the legal rights of such PAF (Section 5.1) g) One half of a grant amount for productive assets to be paid at the time of actual resettlement and the other half to be paid only upon purchase of productive assets.
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NVDA Action Plan, 1993 – Occupational Rehabilitation, 1993:
The Action Plan of NVDA, 1993 drawn on the basis of the Rehabilitation Policy envisages a detailed process for the livelihood-based rehabilitation of all the non-landed oustees i.e. landless agricultural labourers, fish workers, shopkeepers, potters, small traders, hawkers, artisans etc. The Action Plan, 1993 which was submitted to the Hon’ble Supreme Court by GoMP/NVDA on affidavit and received endorsement of during the 6 years long litigation, leading to the Judgement in October, 2000 provides for and guarantees ‘occupational rehabilitation’ of all these oustees. Although the Action Plan, 1993 did prescribe monetary cash grants to be paid in the initial period, the main thrust was on the occupational rehabilitation of the oustees, in order to enable them to secure a stable means of livelihood. Some of the fundamental principles and provisions of the Action Plan, 1993 were: i) In no event shall cash be substituted for actual rehabilitation entitlements. ii) Establishment of a Narmada Valley Landless Oustees Rehabilitation Agency by the state government. iii) Elimination of middlemen and profiteers. iv) Amounts to be kept in joint account of oustees and NVDA. v) Grant-in-aid in the initial period and self and wage employment opportunities in order to secure a stable means of livelihood, leading to ‘occupational rehabilitation’. vi) Assistance to oustees to enable them to purchase Productive assets that generate employment (which includes purchase of agricultural land).
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Relevant Extracts of NCA’s Annual Action Plan and Indicative Long Term Plan for R&R (1993-94)
The Narmada Control Authority also came up with an Annual Action Plan (1993-94) and Indicative Long Term Plan for R&R which stated that “each landless oustee shall be rehabilitated in the agricultural and non-agricultural sectors, as the case may be and shall be entitled to stable means of livelihood in accordance with the objective set forth in para 1 of this schedule”.
It is significant to note that almost 20 years ago the NCA, estimated the number of landless agricultural labourers (including affected families and major sons) to be 9188 and landless non-agricultural labourers (fish workers, potters, shop keepers, artisans etc.) as 4101. Thus, as per NCA, 13,289 landless PAFs were entitled to R&R, 20 years ago. This figure certainly increased thereafter, and as on date, at least 20,000 to 25,000 landless PAFs in the affected areas are making R&R claims. While it is true that in the 90s, hundreds of landless PAFs opted for R&R in Gujarat, thousands chose to remain in M.P. seeking R&R, with assured alternative livelihood, but have been denied the same over the years. Some of the major highlights of the R&R Policy,
i. The basic objective of R&R is to ensure that PAFs improve or regain the standard of living they were enjoying prior to displacement. ii. Each landless oustee shall be rehabilitated in the agricultural or non- agricultural sectors, as the case may be, and shall be entitled to stable means of livelihood in accordance with the objective set forth in paragraph 1 of this schedule. iii. The filling up of the reservoir will not be done until and unless R&R of the PAFs is fully and satisfactorily completed. iv. Relocation shall be done according to the choice of PAPs. They will not be forced to shift till they have chosen their new sites. v. The remaining population in the submergence villages will be assisted to gainful work and proper life standards to a reasonable degree. vi. House plot and financial assistance to acquire productive assets or purchase land provided to landless PAFs including major son in M.P. vii. Rehabilitation work will be continued till the PAFs achieve economic betterment and social integration at relocation sites. viii. Ex-gratia payment, rehabilitation grant, subsistence allowance, development assistance for pucca plinth for houses etc. as per respective state packages have been paid or partly paid. ix. In no case shall cash payments be made as substitutes to actual rehabilitation. Cash payments shall be restricted to such transactions as mandated by the Decision. x. Economic betterment of the PAFs in the shortest possible time following relocation is one of the cardinal objectives of the R&R policy. Gainful work opportunities and vocational training facilities shall be created, including Programmes of social forestry, horticulture, fisheries and other water borne occupations, live stock etc. xi. Assisting PAFs to get loans from local banks for setting up small or micro enterprises. |
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Action Plan of Narmada Control Authority, 1995:
According to the Action Plan, 1995 of NCA, the Policy for R&R aims at ensuring that the oustees shall, promptly after their displacement: · Improve or regain the standard of living they were enjoying prior to their displacement. · Be fully integrated in the community in which they are resettled. · Be relocated as village units, village sections, or families in accordance with oustees preference · Be provided with appropriate compensation, adequate social and physical rehabilitation infrastructure, including community services and facilities.
The Action Plan also states that the basic elements of the approach and philosophy guiding the R&R programme of the Project shall include that the:
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Action Plan of Narmada Control Authority as per 2000 Judgement
i)Sardar Sarovar reservoir to be developed to ensure livelihood both for displaced as well as reservoir peripheral villages, fishermen. ii)Improving the economy and standard of living of the PAFs which they had been enjoying prior to their displacement. iii)Rehabilitation should be so done that at least six months before area is likely to be submerged (.i.e. 6 months before reaching the height at which the area is likely to be submerged). iv)Relocating the PAFs as far as possible as village units, village sections falia (hamlet) or families in accordance with the PAFs preference. v)Special efforts will be made for the effective rehabilitation of landless displaced families. |
ANNEX-4
IMPORTANT JUDICIAL DIRECTIVES AND
COURT DECISIONS ON SSP
Directives of the Hon’ble Supreme Court in the Judgement dated 18-10-2000 [reported in 2000 (10) SCC 664]
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Supreme Court of India Writ petition (civil) No.319 of 1994 Judgement of 18 October 2000,
AIR 2000 SC 3751 and 2000 (10) SCC 664
NARMADA BACHAO ANDOLAN versus UNION OF INDIA
Judgment of 18 October 2000 BENCH: B. N. KIRPAL, DR. A. S. ANAND
DIRECTIONS
254. While issuing directions and disposing of this case, two conditions have to be kept in mind, (i) the completion of project at the earliest and (ii) ensuring compliance with conditions on which clearance of the project was given including completion of relief and rehabilitation work and taking of ameliorative and compensatory measures for environmental protection in compliance with the scheme framed by the government thereby protecting the rights under Article 21 of the Constitution. Keeping these principles, in view, we issue the following directions.
1) Construction of the dam will continue as per the Award of the Tribunal
2) As the Relief and Rehabilitation Sub-group has cleared the construction up to 90 meters, the same can be undertaken immediately. Further raising of the height will be only pari passu with the implementation of the relief and rehabilitation and on the clearance by the Relief and Rehabilitation Sub-group. The Relief and Rehabilitation Sub-Group will give clearance of further construction after consulting the three Grievances Redressal Authorities.
3) The Environment Sub-group under the Secretary, Ministry of Environment & Forests, Government of India will consider and give, at each stage of the construction of the dam, environment clearance before further construction beyond 90 meters can be undertaken.
4) The permission to raise the dam height beyond 90 meters will be given by the Narmada Control Authority, from time to time, after it obtains the above-mentioned clearances from the Relief and Rehabilitation Sub-group and the Environment Sub-group.
5) The reports of the Grievances Redressal Authorities, and of Madhya Pradesh in particular, shows that there is a considerable slackness in the work of identification of land, acquisition of suitable land and the consequent steps necessary to be taken to rehabilitate the project oustees. We direct the States of Madhya Pradesh, Maharashtra and Gujarat to implement the Award and give relief and rehabilitation to the oustees in terms of the packages offered by them and these States shall comply with any direction in this regard which is given either by the NCA or the Review Committee or the Grievances Redressal Authorities.
6) Even though there has been substantial compliance with the conditions imposed under the environment clearance the NCA and the Environment Sub-group will continue to monitor and ensure that all steps are taken not only to protect but to restore and improve the environment.
7) The NCA will within four weeks from today draw up an Action Plan in relation to further construction and the relief and rehabilitation work to be undertaken. Such an Action Plan will fix a time frame so as to ensure relief and rehabilitation pari passu with the increase in the height of the dam. Each State shall abide by the terms of the action plan so prepared by the NCA and in the event of any dispute or difficulty arising, representation may be made to the Review Committee. However, each State shall be bound to comply with the directions of the NCA with regard to the acquisition of land for the purpose of relief and rehabilitation to the extent and within the period specified by the NCA.
8) The Review Committee shall meet whenever required to do so in the event of there being any un-resolved dispute on an issue which is before the NCA. In any event the Review Committee shall meet at least once in three months so as to oversee the progress of construction of the dam and implementation of the R&R programmes. If for any reason serious differences in implementation of the Award arise and the same cannot be resolved in the Review Committee, the Committee may refer the same to the Prime Minister whose decision, in respect thereof, shall be final and binding on all concerned.
9) The Grievances Redressal Authorities will be at liberty, in case the need arises, to issue appropriate directions to the respective States for due implementation of the R&R programmes and in case of non-implementation of its directions, the GRAs will be at liberty to approach the Review Committee for appropriate orders.
10) Every endeavour shall be made to see that the project is completed as expeditiously as possible |
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Relevant Extracts of the 2000 Judgement of Apex court on SSP
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Highlights of the Judgement of the Hon’ble Supreme Court dated 15/3/2005
A 3-Judge Bench of the Hon’ble Supreme Court delivered another significant Order in the Narmada Bachao Andolan case in IA Nos 10, 11 and Ors wherein it was recorded that in the 2000 Judgement construction of the dam was permitted upto 90 mts on the condition that further raising of the height would be only pari passu with the implementation of resettlement and rehabilitation measures. This Hon’ble Court clearly noted in Para 55 that those PAFs who are affected with the raising of dam height at 90 mts “remain affected” by further rising thereof upto 100 mts.
After noting the condition of the river valley of Narmada shaped like an inverted cone, where area of submergence increases exponentially for each metre of height raised, it was directed that people should be rehabilitated immediately before permitting the dam height to be increased by applying the principle of pari passu. The Hon’ble Court categorically, interalia directed:
· Allotment of cultivable, irrigable and suitable agricultural land to all the eligible PAFs affected by SSP and their major sons, as per NWDTA. · There shall be no distinction between temporary and permanent submergence in so far as R&R is concerned. · Referring to the Judgment of 2000, the Hon’ble Court had stated “In view of the dicta of this Court that the oustees would be better off at the rehabilitated place, they should be offered lands which are really cultivable or irrigable”. – |
Relevant Extracts of the Order of the High Court of M.P. dt. 21/8/2008 appointing Justice S.S. Jha Commission of Inquiry for investigation into corruption in the R&R process – On Fake Registries and R&R Sites
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HIGH COURT OF MADHYA PRADESH: JABALPUR Writ Petition No. 14765 of 2007 Narmada Bachao Andolan Vs State of Madhya Pradesh and others. PRESENT: Hon’ble Shri Justice A.K. Patnaik, Chief Justice. Hon’ble Shri Justice Sanjay Yadav, Judge.
ORDER (21.08.2008)
PER: A.K. PATNAIK, CHIEF JUSTICE:
17. By the two judgments of the Supreme Court in the first and second Narmada Bachao cases (supra), the Supreme Court has held that rehabilitation and resettlement of oustees of the Sardar Sarovar Project is part of their fundamental right to life guaranteed under Article 21 of the Constitution of India, and through the R&R measures, the oustees must be better off, after displacement. For this reason the R&R measures in the Narmada Award inter-alia stipulate that, (i) every affected family whose 25% or more land is submerged by the Project would be offered a minimum of two hectares of cultivable land; and (ii) the Government establish rehabilitation villages for R&R of the PAPs with civic amenities including roads, drainage, Panchayat Bhavan, Schools, Dispensaries, Seed Stores etc., besides the land for cultivation by the PAPs. If a large number of PAFs whose 25% or more land was submerged has not actually been able to get a minimum of two hectares of cultivable land and the civic amenities in the R&R sites are of substandard quality because of large scale corruption, then the High Court whose duty is to ensure enforcement of fundamental right in exercise of powers under Article 226 of the Constitution cannot remain indifferent. The High Court will have to find out through a Commission on which it has confidence and trust that the oustees have not been duped by fake registrations of sale deeds for purchase of land for cultivation and the public money spent for construction of civic amenities in the R&R sites have not been misused for extraneous purposes. 18. In Bandhua Mukti Morcha vs. Union of India and others, 1984 (3) SCC 161, an organization motivated to release bonded laborers in the country addressed a letter to a Judge of the Supreme Court complaining that in two named stone quarries in Faridabad District there were a large number of labourers from different States working under inhuman conditions and many of whom were bonded labourers and prayed for issuing a writ for proper implementation of Constitutional and statutory provisions. The Supreme Court treated the letter as a writ petition under Article 32 of the Constitution and issued notice and appointed two advocate as Commissioners to visit the stone quarries and to interview each of the persons whose names were mentioned in the letter of the petitioner as also a cross section of the other workers with a view to finding out whether they were willing to work in those stone quarries and also to inquire about the conditions in which they were working. One of the preliminary objections raised by the respondents Union of India was that in the proceedings under Article 32, the Court was not empowered to appoint any commission or an investigating body to inquire into the allegations made and make a report to the Court on the basis of inquiry to enable the Court to exercise its power and jurisdiction under Article 32 of the Constitution. Rejecting the preliminary objections, P.N. Bhagwati, Justice, as he then was, observed:
“Now it is obvious that the poor and the disadvantaged cannot possible produce relevant material before the Court in support of their case and equally where an action is brought on their behalf by a citizen acting pro bono publico, it would be almost impossible for him to gather the relevant material and place it before the Court, what is the Supreme Court to do in such a case? Would the Supreme Court not be failing in discharge of its Constitutional duty of enforcing a fundamental right if it refuses to intervene because the petitioner, belonging to the underprivileged segment of society or a public spirited citizen espousing his cause, is unable to produce the relevant material before the Court. If the Supreme Court were to adopt a passive approach and decline to intervene in such a case because relevant material has not been produced before it by the party seeking its intervention, the fundamental rights would remain merely a teasing illusion so far as the poor and disadvantaged sections of the community are concerned. It is for this reason that the Supreme Court has evolved the practice of appointing commissions for the purpose of gathering facts and data in regard to a complaint of breach of a fundamental right made on behalf of the weaker sections of the society.”
These observations of P.N, Bhagwati J of the Supreme Court equally apply to the exercise of jurisdiction of the High Court under Article 226 of the Constitution for enforcement of fundamental rights.
19. We therefore appoint Shri Justice S.S. Jha, a retired Judge of this Court, as a Commission to inquire into and submit a report on the following matters:
(i) Whether there have been fake registrations of sale deeds under the SRP for rehabilitation and resettlements of PAFs/PAPs of the Sardar Sarovar Project in the districts of Badwani, Dhar, Jhabua, Khargone and Dewas and, if so the details of such fake registration of sale deeds and the persons responsible of such fake registrations of sale deeds?
(ii) Whether the civic amenities in the R&R site such as road, drainage, panchayat bhavan, schools, dispensaries, seed stores etc. are of substandard quality as compared to the expenditure incurred by the State Government or the NVDA and if so, the persons responsible for such constructions of substandard quality.
20. We, however, direct that all fresh registrations of sale deeds will only be made after clearance from the Commission to be appointed pursuant to this order.
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Relevant Extracts of the Order of the High Court of M.P. dt. 12/11/2009 appointing Justice S.S. Jha Commission of Inquiry for investigation into corruption in the R&R process – On House Plot Irrregulariteis, Livelihood Grants etc.
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HIGH COURT OF MADHYA PRADESH JABALPUR PRESENT: HON’BLE SHRI JUSTICE A.K. PATNAIK, CHIEF JUSTICE
ORDER (12.11.2009) PER SANJAY YADAV, J:
19. We have considered the rival submissions of learned counsel for the parties. It is true as has been submitted by Mr. Bhargava that in our order dated 21. 8. 2008 we took a view that the commission should not enquire into the allegations that persons who are not entitled to receive compensation for houses under R&R stipulations of Narmada Award and the policy of the state government have received compensation and persons who are not eligible as PAPs of the Sardar Sarovar Project have received the benefit under R&R stipulations of the Narmada Award and the policy of the state government, because we thought that inquiry into these allegations was likely to be very and the findings of the Commission on such disputes may affect a large number of persons who have received the compensation and other R&R benefits and who may not be heard by the Commission and because we were also of the view that there was no violation of fundamental rights if such ineligible persons had received the R&R benefits illegally.
But Ms. Medha Patkar has persuaded us to now form an opinion that inquiry into these allegations is necessary not for the purpose of asking ineligible persons who have received the benefit to restore the benefits to the state government, but for the purpose of checking corruption and irregularities of the officials of NVDA and Revenue Department of Govt. of Madhya Pradesh so that rehabilitation and resettlement measures in future are properly implemented for the benefit of those genuine persons who need rehabilitation. The Supreme Court has held in Shivdeo Singh and others v. State of Punjab and others (AIR 1963 SC 1909) that there is nothing in Article 226 of the Constitution to preclude a High Court from exercising the power of review which inheres in every Court of plenary jurisdiction to prevent miscarriage of justice or to correct grave and palpable errors committed by it.
20. Both, Mr. Bhargav and Mr. Naqvi, while laying emphasis on the miniscule magnitude of the complaints pertaining to resettlement and rehabilitation have asserted the same can effectively be dealt with by the Grievance Redressal Authority. But, we are informed at Bar that the Authority is comprised only of the Chairman and it has inherent limitation in dealing with various complaints of corruption and irregularities as it is not provided with the assistance of investigative agencies. There seems to be therefore, truth in the contentions put forth but the petitioner that the complaints pertaining to corruption and irregularities in implementation of R&R policy and as alleged there is likelihood of such corrupt practices becoming more rampant because the mechanism which was brought into existence by constituting the GRA is ineffective in checking such corruption and irregularities, we have also been informed hat the NCA, though a statutory body, has no direct disciplinary control over officials of the NVDA and the Revenue Department of Government of Madhya Pradesh.
21. Keeping in view the fact that the complaints of multifaceted irregularities and corruption have remained unattended and thus has adversely affected the right to livelihood of oustees in several ways as reflected in exhaustive submissions put forth by the petitioner, coupled with the fact that neither the NCA nor the GRA can effectively deal with such complaints directly, we are left with no option but direct an effective enquiry into these allegations of corruption and irregularities by Justice S.S. Jha Commission. The investigative machinery available under the Cr.P.C being under the control of state government officials will not, in our considered opinion, in the given facts of the present case, be able to impartially and effectively inquire into the allegations of corruption and irregularities against the officials of the NVDA and the Revenue Department.
22. Therefore, we are inclined to enlarge the scope of reference of Justice S.S. Jha Commission, which while enquiring into matters already referred to the Commission by the order dated 21. 8. 2009: “Shall also enquire into the alleged corruption / irregularities as to livelihood grants and alternative livelihood, house plot allotment and reallotment and the R&R sites: payment of compensation and grants to the ineligible persons mentioned in the I.As referred to in the first paragraph of this order and submit a report whether there is prima facie material to show that any offence is committed by the officials of the NVDA and the Revenue Department engaged in the re-settlement and rehabilitation and disbursement of money to the oustees, eligible or ineligible.”.
26. Keeping in view the entirety of facts and circumstances, we direct that henceforth all the requisitions by the Commission shall be routed to the State Government through the Registrar General of this High Court and the funds allocated from time to time for the functioning of Commission be also placed with the Registrar General of this Court.
27. The State Government will issue an order widening the terms of reference to the S.S. Jha Commission so as to include the additional subject referred to the Commission by this order within two weeks from today and will provide to the Commission a team of competent police officers as required by the Commission for conducting this enquiry into this additional subject. The I.As stand disposed of.
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ANNEX – 5
Highlights from the Progress Reports of the Justice Jha Commission of Inquiry submitted to the High Court of M.P and other related issues
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Sl. No. |
Aspect |
Document Reference |
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Corruption means denial of R&R guaranteed by 2000 and 2005 judgements of Supreme Court. |
Order dt. 21/8/2008 of MP High Court. |
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Jha Commission must to scrutinize every single cash/cheque payment |
Scrutiny Order of Supreme Court dt.11/5/2009 |
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Strict directive to Chief Secretary to provide full-time officers to Jst. Jha Commission. |
Order dt. 8/9/2014 |
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SRP cannot be granted to the SP oustees, land has to be given as per GRA’s orders. |
JC Order dt. 27/9/2013 |
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Commission states that 8,000 witnesses to be examined and mentions this as a Herculean task |
1st Report dt. 20/8/2010 of Jha Comm. |
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Comm. repeatedly states that adequate records of livelihood grants and other issues not furnished by NVDA |
2nd Report dt. 23/11/2012 of Jha Comm. |
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è Comm. has to inquire into 3600 sale deeds
è Despite repeated reminders, no inquiry report on middle men submitted by nodal offices.
è Title deeds with forged signatures of revenue officers found. Nodal officers constantly transferred, not taking interest. |
3rd Report dt. 1/7/2013 of Jha Comm. |
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è 4353 witnesses have been examined. è 700 pgs Technical Report on R&R Sites has been received from IIT Mumbai and Manit, Bhopal. è Investigation incomplete due to lack of co-operation from Govt. |
4th Report dt. 11/7/2014 of Jha Comm. |
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è GoMP has failed to provide adequate no. of full-time officers. è Addl. Collectors & SPs as Nodal Officers transferred without info of Commission. è Without inquiry, nodal officers sent to than as, where oustees were instigated. Approach of NOs’ is callous. è Large number of sale deeds which have been examine by Comm. appear to be fake. è Authorities have shirked responsibilities. |
5th Report dt. 3/9/2014 of Jha Comm. |
ANNEX – 6
PRESS RELEASE
“Claims of Complete R&R of Sardar Sarovar Project Oustees are far from the Truth”: Central Fact Finding Committee
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May 11, Badwani / Indore : A central fact finding committee visited over 10 villages in the Narmada Valley which are affected by the Sardar Sarovar project, to find the current and actual ground situation of the project affected families, and extent of resettlement and rehabilitation. The Madhya Pradesh, Gujarat, Maharashtra and Union governments have claimed in the Supreme Court that the rehabilitation of all affected families is now complete, and thus the recent decision to allow the increase of the dam height by 17 meters by installing piers and bridge over them. In face of this, there were numerous complaints from the project affected families that thousands of families are still living in the villages in the submergence zone, that they have not been given land based compensation as per Supreme Court order and tribunal awards (which compels the Government to complete rehabilitation before starting further construction). To ascertain the true situation on the ground and the physical condition, a central fact finding team of senior political leaders, well known experts and senior social leaders visited the western villages in the Narmada valley, those affected by the huge Sardar Sarovar project.
This six member central FF team consisted of Shri Hannan Mollah, general secretary of All India Kisan Sabha and eight time member of Parliament from the Communist party of India (Marxist), Ms Annie Raja – General Secretary of National Federation of Indian Women (NFIW) and senior leader of Communist party of India, Shri Vinay Biswom – ex Forest Minister in the Government of Kerala, well known Hydrologist Prof. Raj Kachroo, senior leader of Samajwadi Samagam and two time MLA Dr Sunilam and well known energy expert and environmentalist Shri Soumya Dutta.
During their two-days visit to the Narmada valley, the FF team visited the Dhar district villages – Khalghat / Ghazipura, Dharampuri nagar, Ekalwara, Chikhalda and Nisarpur, and Badwani district villages – Bhilkheda, Rajghat, Pipri and Kharya Bhadal. Apart from these, several others from Alirajpur district villages – Kakrana, Sugat and Jhandana and Bhadal, Dudhiya, Chimalkhedi, Jhapi, Falai and Dunnel from Maharashtra side also came to the meetings and presented their cases in front of the central Fact Finding Team. The team also met and discussed with the present MLA of Badwani Shri Ramesh Patel, the ex MLA, the Zilla Panchayat head and many gram panchayat heads.
The preliminary findings of the team are:
1. Thousands of affected families are still waiting to get their due compensation and rehabilitation, as required by court and tribunal orders,
2. Hundreds of families and their house / land are about to be submerged but their numbers and listing has not been properly done by the governments, contrary to claims. Soumya Dutta, a member of the team stated that even with the present height of about 122 meters, the team found many families which have not been recognized as submergence zone families (like those in Khalghat’s Ghazipurs amongst others), and with the raising of the height of the dam structure by 17 meters to nearly 139 Meters, thousands more will be severely affected / will be submerged, while the governments of Madhya Pradesh and India seem to be totally unconcerned about this ! This is likely to lead to a major disaster.
3. Another member of the team, Annie Raja said that the governments seem to have done large scale violations of both the Supreme Court’s orders and the orders of the Narmada Water Disputes Tribunal, and these violations are continuing.
4. The team also found that the physical conditions of the rehabilitation sites they inspected were in pathetic condition, with wild growth on them, no roads, no water supply or electricity. Along with the lack of schools, health centres etc, affected families are refusing to settle in these incomplete R&R sites.
5. The primary requirement of land-based rehabilitation, as ordered by the Supreme Court and the Tribunal, identifying, demarcation and acquiring enough Land by the government, is the biggest stumbling block in rehabilitation as this critical task has not been done for large parts, and particularly the Madhya Pradesh government seem to be not very interested in this.
6. A number of project affected families also complained that large scale corruption was evident in land allotment, many land allotments were done in illegal ways, to people who are not really project affected – for considerations of money, and this has led to many affected family’s records being forged / obliterated. These large scale corrupt practices / cases are now being investigated by the MP High Court appointed Jha commission, whose report is due soon.
7. Another serious matter that came to light is the large scale violations of all the constitutional and legal protections given to scheduled tribes, in many of the project affected villages.
8. The team also found that affected families who were given land in Gujarat’s Dabhoi resettlement area, are now being dispossessed of those land, as the township of Dabhoi is expanding and is trying to encroach on their land.
9. Another major and frequent complaint faced by the team was about rehabilitation of livelihoods, which was part of the rehabilitation orders by the Court but is being ignored in most cases, leading to large scale deprivations.
10. A member of the team, Mr Raj Kachru informed that the areas identified by Central Water Commission as the Back-water affected submergence zone, has been wrongly done. This has been proved by the fact that in both 2012 and 2013, the flood levels were much higher than projected, even with the present 122 Meter height, and this is going to get seriously magnified with the building of the piers and bridge which will create obstructions to the flow at higher water levels.
11. The team also found that the Madhya Pradesh government has not shown any interest in giving fishing rights and other facilities, as was given by the Maharashtra government for several (five) fisher’s cooperatives.
12. The team also found that the rehabilitation orders for adult sons were not being complied with, by not counting them as separate affected families.
The team will soon prepare its fact finding report and present this to the central government, relevant state governments and also in front of the people of the country. Different farmers organisations, social movements and others have assured their cooperation in bringing these out to the larger national stage.
Hannan Mollah Annie Raja Benoy Viswom
Soumya Dutta Prof. Raj Kachroo Dr Sunilam
Annex – 7
Press Note on Technical Issues in the Narmada Basin
Raj Kachroo – An Independent Surface Water Hydrologist.
8th June, 2015
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1. I am not concerned with the argument whether dams should be constructed or not? It is my business to design reservoirs. Therefore, I do not oppose construction of dams / reservoirs. I am a Surface Water Hydrologist. I have joined the team at the request of Medha ji.
2. In the case of Narmada I am not concerned with the argument whether the height of the dam should be raised or not? I am only concerned whether adequate steps have been taken to ensure safety of people living in the catchment. I am also not concerned whether people should be uprooted from their natural habitat or not? Once it is agreed that people must be uprooted then my concern is whether they have been rehabilitated or not?
3. I regret to say that science has taken a back seat to decisions made by technical committees, sub committees, lawyers, judges, civil service bureaucrats & technology bureaucrats. Judges & committees are being fed with incorrect information that results in incorrect decisions. The expertise to provide correct information exists but there is no desire amongst bureaucrats to do the right thing. It is the tragedy of the Narmada Basin.
Back Water Levels Calculations:
4. Let us take the example of Back Water Calculations. CWC made these calculations. They are incorrect. According to officials of CWC water level in the reservoir will not exceed 144.92 meters in the event of an Extra Ordinary Flood at Khalghat. Therefore, any body living above 144.92 meters in Khalghat is not entitled to any relief or rehabilitation. Poor people living in Khalghat above 144.92 claim that they get submerged in water every year. But officials deny it. Poor fishermen are tossed around in the name of mathematical models, computers etc.
5. What is fascinating ( If fascinating is the correct word) is that in Khalghat itself another group of officials have marked on the bridge pier that in 2013 water levels reached 146.64 m. The ‘Laxman Rekha’ of back water level drawn by CWC for an extra ordinary flood has already been crossed by an ordinary flood in 2013 when there was hardly any water in the tributaries. The two sets of officials do not talk to each other.
6. I could not agree more with the Ministry of Environment & Forests (MOEF) who have opposed the study done by CWC. The study is inaccurate, conceptually flawed & inadequate. It demonstrates modeling inexperience & poor science. It is not acceptable in technologically savvy modern India. People have a right to reliable & accurate information based on the current state of knowledge/science in this area of work.
7. It is too dangerous to erect gates on the Sardar Sarovar Dam to 137 meters with out having a proper flood forecasting & warning system in place. It is assumed that gates of the cascade of reservoirs in the basin will be fully open in the event of an extra ordinary flood. To do so, one requires a sophisticated flood forecasting system that ensures that the gates are actually open. There are several examples in the world when flooding has actually occurred due to incorrect operation of gates. The flood warning system set up in 2006 in Bhopal is highly in adequate if not totally useless. One must not forget that if gates are not completely open even an ordinary flood can turn into an extra ordinary flood for the villages that live on the fringes of the reservoirs and on the tributaries.
8. Narmada needs a comprehensive Narmada Basin model that will feed information to lawyers, bureaucrats & sub Committees. The model will ‘simulate’ flows for proper planning & reduce the risk of flooding & loss of life through efficient operations. The model will also help managers to improve upon the adverse impact of flooding on environment, sociology, agriculture, commerce & culture.
ANNEX – 8
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The Fact Finding Team: |
1. Shri Hannan Mollah: A senior member of the Communist Party of India (Marxist), and a member of its top decision-making body, the Polit Bureau. Shri Mollah was elected eight times to the Parliament of India, from Uluberia constituency in Howrah district of West Bengal. As the General Secretary of the All India Kisan Sabha and Joint Secretary of the All India Agricultural Workers’ Union, he is one of the key leaders of the Bhoomi Adhikar Andolan, a national coalition to assert land rights and challenge unconstitutional land acquisition, including the recent Land Ordinance.
2. Ms Annie Raja: A senior leader of the Communist Party of India, and General Secretary of the National Federation of Indian Women. She has represented the causes of women, workers and the marginalized at various national and international fora.
3. Shri Benoy Vishwam: A senior leader of the Communist Party of India, and formerly the Minister of Environment and Forests of the Government of Kerala. He was Member of National Council of CPI during 1992–98. He also served as Kerala Agricultural University Senate Member and Director, Board Member of KTDC. He was Vice President of World Federation of Democratic Youth and Head of its Asia Pacific Commission.
4. Dr Sunilam: A senior politician and farmer’s leader from Kisan Sangharsh Samiti, Madhya Pradesh, he is one of the key movers of socialist political forces and convenor of Samajwadi Samagam, a national platform of socialist-democratic thinkers. He was elected twice to the legislative assembly of Madhya Pradesh from Multai. He was also Leader of the Samajwadi Legislative Party, Madhya Pradesh, and National Secretary of Samajwadi Party. A PhD in Bio-Medical Electronics from Delhi University, he was Research Associate with CISR and was also with the Burn’s Institute, Melbourne. He was elected International Vice-President of International Union of Socialist Youth in Milan, Italy. He is also National Secretary of the Indian Solidarity Committee for Freedom, Democracy and Human Rights and National President of Bhutan Solidarity, which is fighting for Democracy in Bhutan. He is also supporting the movement for restoration of Democracy in Burma and Freedom of Tibet.
5. Prof. Raj Kachroo: An internationally acclaimed hydrologist, and reservoir expert, he is also a seasoned trainer, Social Entrepreneur, Software Architect and a Social Worker. He researches and campaigns for improved justice delivery, improved auditing in public sector companies and in programs like Sarva Shiksha Abhiyan, & improved complaint redressal systems for women. He manages National Ragging Prevention Program of the Union Ministry of Human Resources Development and is the face of anti-ragging movement in India. He is Design Director and Senior Partner with IDI Exporters, a leading hand knitting design company that provides employment to about 1500 rural women across Northern India. He is also a Software Architect. He has a B.E. in Agricultural Engineering from Pant Nagar, a PG diploma in Hydrology from Roorkee and a Ph.D. in Hydrology from National University of Ireland, Galway.
6. Shri Soumya Dutta – a well known energy and climate change expert in the CSO sector, is the National Convener of the pan-India people’s science campaign, “Bharat Jan Vigyan Jatha”, also the convener of Climate and Energy Group of the all India coalition called Beyond Copenhagen collective and a founder member of India Climate Justice platform. He has written numerous books and many articles on these issues, contributed to national and UN level discussions on climate & energy issues, initiated and facilitated analysis, discussions of National & State Action Plans on Climate Change, and trained a many higher school science teachers & science activists in 18 states of India.
7. The fact finding team was assisted in its visit and work by two senior activist-leaders from Delhi, Ms Shweta Tiwari from SRUTI and Shri Madhuresh Kumar. Both are members of Delhi Solidarity Group which facilitated some parts of the visit. Delhi Solidarity Group, consisting of various organisations has also extensively helped the team in its work.
8. The fact finding team was also helped with the time and effort contributed by many local leaders and activists from the Narmada valley, the thousands of villagers in the 10 villages and Dharampuri town – who spent hours travelling to meeting venues and patiently waiting for their turn to depose / give their testimonies in front of the FF team, and the enthusiastic local activists who helped the team reach remote villages and settlements and facilitate the teams in their interaction with these people. We wish to specially acknowledge the active role played by a large number of affected women in coming forward in the many meetings and bring out their unique perspectives.