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National
Legal Correspondent
New Delhi: The Gujarat Government has opposed the setting up of any new mechanism for overseeing the implementation of relief and rehabilitation measures for families who are likely to be affected, consequent to the decision to raise the height of the Sardar Sarovar dam. In its reply to the applications filed by the affected families as part of the petition of the Narmada Bachao Andolan (NBA), the government maintained that though there was no specific allegation against it, Grievance Redress Authorities were set up in Gujarat, Maharashtra and Madhya Pradesh. Any aggrieved family could approach the Authority. There was a well laid-out mechanism for overseeing the implementation of the directions given by the Supreme Court and the Narmada Water Disputes Tribunal. The mechanism had been working satisfactorily and it would be in the interest of all concerned to allow it to function without let or hindrance, said the Gujarat affidavit. "For this to happen, it should be ensured that the integrity of the supervisory mechanism set out in the tribunal award and strengthened by the apex court is maintained by all the stakeholders."
Behind schedule
The affidavit said the government had completed providing relief and rehabilitation to the families which opted to stay in Gujarat. Going by the schedule submitted to the court by the Narmada Control Authority (NCA) and the actual work done, it was evident that the project was two years behind schedule. Any further delay would mean a severe loss to the nation. "At present, construction is taken up for raising the dam height from 110.64 to 121.92 metres and the work is going on in full swing. Usable storage starts only above the 110.64-metre height. Water for any purpose cannot be drawn below this level. If the height is not raised to 121.92 metres, there would be a loss in storage of water of about 157 crore cubic metres, which would mean loss of irrigation for 3.5 lakh hectares of land", the affidavit said. Further, generation of 350 crore units of power, equivalent to Rs. 1,400 crore, would be lost, it said and pleaded that construction be permitted up to 121.92 metres.
Madhya Pradesh submissions
In its reply to the applications seeking proper relief and rehabilitation, the Madhya Pradesh Government asserted that the exercise "is almost complete." Irrigable land and house sites were available for all families who were likely to be affected the increase in the dam height.
Affidavit refuted
The affidavit refuted the contention of the applicants that 35,000 families were still living in submergence villages without having been rehabilitated. The Government said only 177 villages, and not 220, were affected. Relief and rehabilitation was done in letter and in spirit, as per the court judgments and the tribunal award.
No rider on land location
On the allegation that land was offered at a far-off place, the affidavit said there was no such rider on the location in the award or in any of the court directions. It said a special rehabilitation package proved beneficial to the affected. As for the allegation of allotment of the same piece of land to a number of families, the government said only when a family rejected a plot of land, would it become available to another family. Apart from house sites, the amenities ofdrinking water and approach roads and provision for schools, primary health facilities and better connectivity with urban centres were made available in the relocated centres. The Government already made a commitment before the NCA that all facilities would be provided by May-end.
Charge against NBA
It charged the NBA sympathisers with preventing the government machinery from doing relief and rehabilitation measures and surveys expeditiously in a bid to raise the complaint of non-completion of works. Alleging that the applicants before the court were backed by the NBA, "which is a known group of anti-dam activists," the affidavit sought dismissal of the applications.
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