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

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Drinking Water facilities to 8,215 villages and 135 urban centres in Gujarat both within and outside command.These include 5,825 villages and 100 urban centres of Saurashtra and Kachchh which are outside the command.In addition, 881 villages affected due to high contents of fluoride will get potable water.Power Generation: 1,450 Megawatt.Annual Employment Potential:7 lakh man-years during construction6 lakh man-years in post construction.Protection against advancement of little Rann of Kachchh and Rajasthan desert.Flood Protection to riverine reaches measuring 30,000 ha, 210 villages including Bharuch city and 7.5 lakhpopulation.Benefits to:a) Dhumkhal Sloth Bear Sanctuary,b) Wild Ass Sanctuary in Little Rann of Kachchh,c) Black Buck Sanctuary at Velavadar,d) Great Indian Bustard Sanctuary in Kachchh,e) Nal Sarovar Bird Sanctuary.Development of fisheries: Deepening of all village tanks of command which will increase their capacities, conservewater, will recharge ground water, save acquisition of costly lands for getting earth required for constructing canalbanks and will reduce health hazard.Facilities of sophisticated communication system in the entire command.Increase in additional annual production on account of(Rs in crores)Agricultural Production 900Domestic water supply 100Power generation 440Total 1,400Post Award clearances58. In order to meet the financial obligations, consultations had started in 1978 with the World Bank for obtaininga loan. The World Bank sent its reconnaissance mission to visit the project site and carried out the necessaryinspection. In May 1985, the Narmada Dam and Power Project and Narmada Water Delivery and Drainage Projectwere sanctioned by the World Bank under International Development Agency, credit No. 1552. Agreement in thisrespect was signed with the Bank on 10.5.1985 and credit was to be made available from 6 January 1986.59. With regard to the giving environmental clearance, a lot of discussion took place at different levels betweenthe Ministry of Water Resources and the Ministry of Environment. Ultimately on 24 June 1987 the Ministry ofEnvironment and Forests, Government of India accorded clearance subject to certain conditions. The said OfficeMemorandum containing the environmental clearance reads as follows:1. The Narmada Sagar Project, Madhya Pradesh and Sardar Sarovar Project, Gujarat have been referred to thisdepartment for environment clearance.7
2. On the basis of examination of details on these projects by the environmental appraisal committee for rivervalley projects and discussions with the central and state authorities the following details were sought from theproject authorities:i. Rehabilitation master plan;ii.iii.iv.Phased catchment area treatment scheme;Compensatory afforestation plan;Command area development;v. Survey of flora and fauna;vi.Carrying capacity of surrounding area;vii. Seismicity; andviii. Health aspects.3. Field Surveys are yet to be completed. The first set of information has been made available and complete detailshave been assured to be furnished by 1989.4. The NCA has been expanded and its terms of reference have been amplified to ensure that environmentalsafeguard measures are planned and implemented to depth and in its pace of implementation pari passu with theprogress of work on the project.5. After taking into account all relevant facts, the Narmada Sagar Project, Madhya Pradesh and Sardar SarovarProject, Gujarat are hereby accorded environmental clearance subject to the following conditions:i. The Narmada Control Authority (NCA) will ensure that environmental safeguard measures are plannedand implemented pari passu with progress of work on projects.ii. The detailed surveys/studies assured will be carried out as per the schedule proposed and details madeavailable to the department for assessment.iii. The catchment area treatment programme and the rehabilitation plans be so drawn as to be completedahead of reservoir filling.iv. The department should be kept informed of progress on various works periodically.6. Approval under Forest (Conservation) Act, 1980 for diversion of forest land will be obtained separately. Nowork would be initiated on forest area prior to this approval.7. Approval from environmental and forestry angles for any other irrigation, power or development projects in theNarmada Basin should be obtained separately.60. In November 1987 for monitoring and implementation of various environmental activities effectively, anindependent machinery of Environment Sub-group was created by Narmada Control Authority. This Sub-groupwas appointed with a view to ensure that the environmental safeguards were properly planned and implemented.This Sub-group is headed by the Secretary, Ministry of Environment and Forests, Government of India,as its Chairperson and various other independent experts in various fields relating to environment as itsmembers.61. After the clearance was given by the Ministry of Environment and Forests, the Planning Commission, on 5October 1988, approved investment for an estimated cost of Rs 6,406 crores with the direction to comply with theconditions laid down in the environment clearance accorded on 24 June 1987.62. According to the State of Gujarat and Union of India, the studies as required to be done by the O.M. dated 24June 1987, whereby environmental clearance was accorded, have been undertaken and the requisite work carriedout. The construction of the dam had commenced in 1987.63. In November 1990, one Dr B.D. Sharma wrote a letter to this Court for setting up of National Commission forScheduled Castes and Scheduled Tribes including proper rehabilitation of oustees of Sardar Sarovar Dam. This8
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: decisions of the Narmada Control Au
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 and 44: or group to be resettled. These wer
Page 45 and 46: petition and the petition was dispo
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
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1. Construction of the dam will con
Page 61 and 62:
environmental mitigative measures o
Page 63 and 64:
environmental aspects will be pursu
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These studies are considered specia
Page 67 and 68:
impounded in the reservoir the catc
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26. It is necessary to provide for
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