Narmada Bachao Andolan vs. Union of India - International ...

(d) PAFs affected in MP, have increased due to delay in publication of Section 4 notification under the LandAcquisition Act.(e) Persons socially or physically cut-off due to impounding of water in reservoir, are also considered as PAFs byall the three States.(f) All the three States decided to consider encroachers as PAFs.(g) Major unmarried daughters in Maharashtra are considered as a separate family by Government of Maharashtra.(h) Some genuine PAFs were earlier left out (as many stayed in remote areas or used to undertake seasonalmigration to towns and developed areas in search of casual work).185. As far as the State of Gujarat is concerned, its contention is that the task of R&R is not impossible asrecognised by the FMG-I in its 1994 report and according to the State, it is fully ready and prepared to resettle inGujarat all the PAFs upto FRL 455 ft.186. On 13 November 1996, a meeting of the Review Committee of the Narmada Control Authority chaired by theUnion Minister of Water Resources was held. This meeting was attended by the Chief Ministers of all the Statesincluding Rajasthan and representatives of Ministry of Environment and Forests, Ministry of Social Justice andEmpowerment, Government of India. In the meeting it was unanimously decided that the reviews of theimplementation of the resettlement and rehabilitation measures will be undertaken for every five-metre height ofthe dam jointly by the concerned R&R Sub-group and Environment Sub-group so that work could progress paripassu with the implementation measures. In its meeting held on 6 January 1999, the R&R Sub-group of the NCAobserved that arrangements made by the states for R&R of the balance families pertaining to the dam height EL 90metre were adequate and a meeting of the party States should be convened shortly to finalise the action plan.Pursuant thereto a special inter-state meeting was convened under the chairmanship of the Secretary to theGovernment of India, Ministry of Social Justice and Empowerment on 21 January 1999 at New Delhi and actionplan for resettlement and rehabilitation for balanced (sic) families of dam height EL 90 metre was finalised forimplementation by the States. It is the case of the State of Gujarat that it had issued notices and made offers inJanuary 1998 to PAFs affected at RL 90 metre in connection with the selection of land and their resettlement inGujarat. According to it, even in respect of PAFs affected at RL 95 metre, notices were issued in January 1999 andto the PAFs included in the subsequent list, notices were issued in September 1999. The process of land selectionby PAFs who had opted to resettle in Gujarat at RL 95 meter was already started. According to the Union of India,the Master Plan was under implementation and the progress of R&R at various elevations of dam viz. EL 90metre, EL 95 metre, EL 110 metre and FRL 138.68 metre had been made.187. The measures which have been implemented for sustainable development with regard to preserving thesocio-cultural environment of the displaced persons in the States of Maharashtra, Gujarat and Madhya Pradeshare stated to be as follows:• Three choices to the people for the selection of relocation sites.• Integration of the displaced person with the neighbouring villages by organising medical check-up camps,animal husbandry camps, festivals, eye camps, rural development seminar for village workers etc.• Establishment of rehabilitation committees at different levels.• Respect of traditional beliefs, rituals and rights at the starting of house construction, the day and time ofleaving the old house and village and the day and time of occupying the new house etc.• The sacred places at the native villages are being recreated along with their settlements at new sites.• Installation of all the religious deities with the due consultation of religious heads.• Promotion of cultural milieu viz social festivals, religious rights, rights of passage, presence of priests, shaman,kinsmen, clansmen etc.• Special consideration for the preservation of holistic nature of the culture.39