![]() Online edition of India's National Newspaper Tuesday, Apr 18, 2006 |
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Front Page
J. Venkatesan
New Delhi : While empowering Prime Minister Manmohan Singh to resolve the dispute over raising the height of the Sardar Sarovar dam, the Supreme Court on Monday warned the States concerned that it would have no option but to stop construction if the rehabilitation measures were inadequate. A three-judge Bench, comprising Chief Justice Y.K. Sabharwal and Justices K.G. Balakrishnan and S.B. Sinha, passed the orders, while adjourning the hearing to May 1. The Bench said the Centre, the State Governments and the Prime Minister could resolve the dispute over raising the height of the dam from 110 to 121.92 metres in a cordial atmosphere in accordance with the court judgments delivered in 2000 and 2005 and the Narmada Tribunal award. It was hearing applications from the Narmada Bachao Andolan and the project-affected families seeking stoppage of the ongoing construction. It was also hearing an application filed by the Centre seeking permission to establish a suitable mechanism to review the measures taken so far by Madhya Pradesh for ensuring the rehabilitation of all oustees. Though it did not pass any categorical order on these applications, the court warned the States that it would have no option except stopping the construction if the relief and rehabilitation measures for the oustees were found inadequate or were not in accordance with its two judgments and the Tribunal award. The Bench indicated that it would consider appointing a committee to visit the sites to see whether rehabilitation was carried out properly or not. At the same time, the judges appealed to the parties concerned to examine the matter fairly and reasonably "in a calm atmosphere and not in a charged atmosphere." "In matters like this there is no room for emotions or personal considerations," they said and hoped that the Centre and the Prime Minister would take necessary steps and initiatives and would be able to persuade the stakeholders about this requirement. Creation of such an atmosphere would help in early resolution of the dispute. "The matter brooks no delay, lest it will be a fait accompli." The Bench told counsel, "parties should stop the agitational path in such matters, otherwise it would be a threat to the unity and integrityof the country. It is essential to strike a balance between development and rehabilitation when such a vast project was being carried out and a large number of people were affected. You cannot satisfy all but rehabilitation has to be reasonable and it requires a statesman-like approach." Earlier, Additional Solicitor-General Gopal Subramaniam said the Review Committee of the Narmada Control Authority was equally and sharply divided and the matter was referred to the Prime Minister for a decision. "The division at the meeting [on Saturday] was along political lines. We cannot run away from this reality," the Bench observed. Mr. Subramaniam said the Centre was committed to the project but at the same time it wanted to ensure proper rehabilitation within three months. He urged the court to issue a direction to Madhya Pradesh to abide by the mechanism to monitor rehabilitation.
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