The Hindu : Front Page : Apex court allows raising of water level

Online edition of India's National Newspaper
Tuesday, Jun 12, 2007
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Apex court allows raising of water level

Legal Correspondent

Of reservoir in Madhya Pradesh

NEW DELHI: The Supreme Court on Monday permitted Madhya Pradesh to close the sluice and radial gates of the Omkareshwar Dam for filling the reservoir up to the level of 189 metres.

A vacation Bench consisting of Justices Arijit Pasayat and P.P. Naolekar thereby stayed the May 18 interim order of the Madhya Pradesh High Court that restrained the State Government from closing the sluice gates and raising the water level up to 189 metres until the Project Affected Families (PAFs) are completely rehabilitated as per the Rehabilitation and Resettlement (R & R) Plan, 1993.

The Omkareshwar multipurpose project comprises a dam on the Narmada, a powerhouse with an installed capacity of 520 MW on the right bank and a canal system for irrigating 1.47 lakh hectares. The dam is located below the Indirasagar Dam and is completed up to the crest. Also, 23 radial gates on the spillway have been erected.

The Bench, while staying the interim order on appeals from the Government and the Narmada Hydro Electric Development Corporation, asked the High Court to take up the writ petition for final hearing on June 19 and dispose it of expeditiously, considering the urgency of the matter.

Additional Solicitor-General Amarendra Saran said: "The power house is complete and installation of eight turbine generator sets is nearing completion. One of the turbine generator sets is ready for spinning and generation of power."

He said the 1993 policy that provided for giving "land for land" to the PAFs was amended to give cash compensation. This policy was upheld by the High Court and on an appeal the apex court refused to stay the lower court order.

In the present case, the High Court, on an erroneous assumption, directed implementation of the policy. If the water level was not raised during the southwest monsoon, one year would be wasted and the State would be deprived of the generation of 520 MW, he said.

The State contended that for power generation, it was necessary to fill up the reservoir by releasing water from the Indirasagar Dam and close the sluice and radial gates.

It said: "The full reservoir level (FRL) of the Omkareshwar dam is 196.60 metres and the maximum water level (MWL) is 198.30 metres. The R & R of the PAFs has been completed up to 195 metres and further work of R&R up to FRL and backwater corresponding to the MWL is in progress.

"The minimum water level required for spinning the turbines is 182 metres and that for starting power generation is 189 metres, though the designed minimum drawdown level is 193.54 metres."

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