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

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204. Dealing with the contention of the petitioners that there is a need for a review of the project and that anindependent agency should monitor the R&R of the oustees and that no construction should be permitted to beundertaken without the clearance of such an authority, the respondents are right in submitting that there is nowarrant for such a contention. The Tribunal’s Award is final and binding on the States. The machinery of NarmadaControl Authority has been envisaged and consulted under the Award itself. It is not possible accept that NarmadaControl Authority is not to be regarded as an independent authority. Of course, some of the members are Governmentofficials but apart from the Union of India, the other States are also represented in this Authority. The project isbeing undertaken by the Government and it is for the Government authorities to execute the same. With theestablishment of the R&R Sub-group and constitution of the Grievances Redressal Authorities by the States ofGujarat, Maharashtra and Madhya Pradesh, there is a system in force which will ensure satisfactory resettlementand rehabilitation of the oustees. There is no basis for contending that some outside agency or the National HumanRights Commission should see to the compliance of the Tribunal Award.Monitoring and rehabilitation programme205. The Ministry of Water Resources, Government of India is the nodal ministry for the Sardar Sarovar Projectand other union ministries involved are the Ministries of Environment and Forests and Social Justice andEmpowerment. As a consequence of the Tribunal’s Award, Narmada Control Authority was created to co-ordinateand oversee the overall work of the project and to monitor the R&R activities including environmental safeguardmeasures. The Review Committee of the Narmada Control Authority consists of the Union Minister of WaterResources as its chairman, the Union Ministry of Environment and Forests and the Chief Ministers of Gujarat,Madhya Pradesh, Maharashtra and Rajasthan as members. This Review Committee may suo moto or on theapplication of any party State or the Secretary, Ministry of Environment and Forests review any decision of theNarmada Control Authority. In the Narmada Control Authority, Resettlement & Rehabilitation (R&R) Sub-grouphas been created for closely monitoring the R&R progress. This Sub-group is headed by the Secretary, Governmentof India, Ministry of Social Justice & Empowerment and is represented by members/invitees of participatingStates, academic institutions having expertise in R&R, independent socio-anthropological experts and nongovernmentalorganisations. The functions of this Sub-group are as follows:1. To monitor the progress of land acquisition in respect of submergence land of Sardar Sarovar Project andIndira (Narmada) Sagar Project (ISP).2. To monitor the progress of implementation of the action plan of rehabilitation of project affected families inthe affected villages of SSP and ISP in concerned states.3. To review the R&R action plan from time to time in the light of results of the implementation.4. To review the reports of the agencies entrusted by each of the states in respect of monitoring and evaluationof the progress in the matter of resettlement and rehabilitation.5. To monitor and review implementation of resettlement and rehabilitation programmes pari passu with theraising of the dam height, keeping in view the clearance granted to ISP and SSP from environmental angle bythe Government of India and the Ministry of Environment and Forests.6. To coordinate states/agencies involved in the R&R programmes of SSP and ISP.7. To undertake any or all activities in the matter of resettlement and rehabilitation pertaining to SSP and ISP.Rehabilitation Committee206. This Court vide order dated 9.8.1991 in B.D.Sharma v. Union of India 1992 Supp (3) SCC 93 directed theformation of a committee under the chairmanship of the Secretary, Ministry of Social Justice & Empowerment,Government of India to visit the submergence areas/resettlement sites and furnish the report of development andprogress made in the matter of rehabilitation. The Rehabilitation Committee headed by the Secretary, Governmentof India, Ministry of Social Justice and Empowerment and having representatives of the three State Governmentsas its members had been constituted. It is the case of the Union of India that this Committee visited regularly thevarious R&R sites and submergence villages in the three states and submitted reports to this Court from time totime. By order dated 24 October 1994, this Court in the aforesaid case of B.D. Sharma (supra) observed that allthe directions issued by the Court from time to time have been complied with and nothing more be done in the43
petition and the petition was disposed off. Most of the recommendations/observations as made by this committeeare stated to have been complied fairly by the states concerned.207. In addition to the above, the officials of the Narmada Control Authority are also stated to be monitoring theprogress of R&R regularly by making field visits. The individual complaints of the PAFs are attended and broughtto the notice of the respective governments.Grievances redressal mechanism208. The appeal mechanism has been established in the policy statements by all the three state governments for theredressal of grievances of the PAFs. According to this mechanism, if a displaced person is aggrieved by thedecision of the rehabilitation officers in respect of any R&R process, he may appeal to the concerned agency/officers.209. Vide Resolution dated 17 February 1999, the Government of Gujarat set up a high-level authority calledGrievance Redressal Authority (GRA) before whom the oustees already resettled and to be resettled in Gujaratcould ventilate their grievances for redressal after their resettlement till the process of resettlement and rehabilitationis fully completed. The said Grievances Redressal Authority has Mr Justice P.D. Desai, retired Chief Justice as itschairman. This machinery had been established to:a) create an authority before whom oustees who have resettled in the State of Gujarat can ventilate theirgrievances relating to the R&R measures taken by the State of Gujarat;b) ensure that the oustees already settled and the oustees settled hereinafter in the R&R sites created forresettlement and rehabilitation of the oustees from the State of Madhya Pradesh and Maharashtra receiveall the benefits and amenities in accordance with the Award and the various government resolutionsfrom time to time;c) ensure that Gujarat oustees resettled in Gujarat have received all the benefits and amenities due to them.210. The Gujarat Rehabilitation Authority has installed a permanent in-house Grievances Redressal Cell (GRC)within Sardar Sarovar Punarvasavat Agency. The Grievances Redressal Cell deals with the grievances of the PAFsand the grievances redressal is undertaken by it in the following three ways.i. Grievances Redressal Cell deals grievances in the regular course on the basis of applications, i.e. byholding enquiries and implementing decisions taken pursuant thereto.ii. Grievances redressal on the spot through mechanism of Tatkal Fariyad Nivaran Samiti.iii. Grievances redressal under the mechanism of Single Window Clearance System.211. Grievances Redressal Authority has surveyed sites in which PAFs have been resettled and has submittedreports to this Court from time to time which disclose substantial compliance with the terms of the Award and therehabilitation package.212. In its fourth report dated 15.11.1999, the Grievances Redressal Authority observed ‘pursuant to the grievancesredressal measures taken by GRC, whose approach is positive and grievance redressal oriented, a considerablenumber of grievances have been resolved by extensive land improvement work done on agricultural land at differentsites within a period of six months i.e. April-September 1999’.213. The R&R Sub-group in its 20 field visit of the R&R sites in Gujarat on 12/13.1.2000 has noted as follows:The Committee after the visit and from interaction with the PAFs, concluded that there is vast improvementin the conditions of PAFs at these R&R sites as compared to the grievances reported in the same sitesduring previous visits by the Committee/NCA officers. Assessing the perception of PAFs the Committeeobserved that the majority of PAFs are happy and joining mainstream of country’s development.214. The Grievances Redressal Cell has dealt with and decided a total of over 6,500 grievances.215. At the instance of Grievances Redressal Authority, an agricultural cell is set up in Sardar Sarovar PunarvasavatAgency with effect from 1 July 1999. This was done with an objective of enhancing the productivity of agricultural44
Page 1 and 2: International EnvironmentalLaw Rese
Page 3 and 4: narrower gorge portion were taken i
Page 5 and 6: iii. The right of the State of Guja
Page 7 and 8: decisions of the Narmada Control Au
Page 9 and 10: 2. On the basis of examination of d
Page 11 and 12: of the project ordered and some of
Page 13 and 14: that this Court is really concerned
Page 15 and 16: These two areas have quite differen
Page 17 and 18: will reduce pressure on biodiversit
Page 19 and 20: xi.xii.National park and sanctuarie
Page 21 and 22: aspect, prevention of water logging
Page 23 and 24: COSTS NARMADA SAGAR SARDAR SAROVARD
Page 25 and 26: On 30 April 1987, a press note was
Page 27 and 28: During field season of every year t
Page 29 and 30: carried out and there is no reason
Page 31 and 32: In the case of Sardar Sarovar, wher
Page 33 and 34: 147. Shri Shanti Bhushan, learned S
Page 35 and 36: of any activity (if pollution load
Page 37 and 38: the land is not available. It is al
Page 39 and 40: 180. The Award provides that every
Page 41 and 42: • Proper use of built-in-mechanis
Page 43: or group to be resettled. These wer
Page 47 and 48: the submergence villages, the triba
Page 49 and 50: v. At the time of allotment, the st
Page 51 and 52: • Afforestation was carried out i
Page 53 and 54: the land and house plots by the Gov
Page 55 and 56: 255. It is now well settled that th
Page 57 and 58: exchange or due to outside compulsi
Page 59 and 60: 1. Construction of the dam will con
Page 61 and 62: environmental mitigative measures o
Page 63 and 64: environmental aspects will be pursu
Page 65 and 66: These studies are considered specia
Page 67 and 68: impounded in the reservoir the catc
Page 69 and 70: 26. It is necessary to provide for

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