SC records statements on Narmada level

By Our Legal Correspondent

NEW DELHI, NOV. 23. The Supreme Court today recorded statements from the Centre and State of Gujarat that effective water level of the Narmada dam for the present would not exceed 90 metres in height as directed by the Apex Court in its October 18 judgment in ``the Sardar Sarovar dam case''.

A three-member Bench of the Court was disposing of an interlocutory application (IA) from the Narmada Bachao Andolan (NBA).

The IA prayed the court to Clarify (a). that further construction on the dam even up to 90 metres can be done only after the explicit permission of the R&R Subgroup which would be given after the subgroup satisfies itself, in consultation with the tree GRAs, that the rehabilitation of all those affected at that height has been completed in accordance with the NWDT Award and state polices and (b). that permission for further construction at any height would be inclusive of the humps.

Earlier, Mr.Shanti Bhushan, senior counsel for the NBA pleaded that permission granted by the court (in its October 18 judgment) till the height of 90 metres should be inclusive of the height of the humps needed for the safety of the dam.

If the Gujarat Government which had already commenced the construction work at the Sardar Sarovar project constructs humps after reaching a height of 90 metres the effective height would be 93 metres resulting in subsequence of more areas without the affected families being rehabilitated, counsel submitted.

However, Messers Ashok Desai and Harish Salve, senior counsel for the Centre and State of Gujarat respectively, submitted that at no point of time it was contemplated that effective water-level of the dam for the present would exceed 90 metres.

The Bench comprised the Chief Justice Dr. A. S. Anand, Mr. Justice S. P. Bharucha and Mr. Justice B. N. Kirpal.

Mr. Justice Bharucha, who pronounced his dissenting judgment on October 18 in this case, observed that he was giving no clarification and he stood by his earlier (October 18) judgment.

The majority judgment of the Supreme Court on October 18 in this case delivered by Mr. Justice B. N. Kirpal speaking for himself and the Chief Justice, Dr. A. S. Anand, said that *construction of the Sardar Sarovar dam could for the present go upto a height of 90 metres, as the relief and rehabilitation sub- group had cleared the construction upto 90 metres, and thereafter, upto 138 metres in specified stages after getting the required approvals and sanctions from the specific authorities dealing with issues of relief and rehabilitation of affected persons and oustees and environmental aspects.

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