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NARMADA FAQ - Answers to all critics

Q - 3

Mechanism for implementation of the Sardar Sarovar Valley Project

Ans :

Narmada Control Authority (NCA) is headed by Union Secretary of Water Resources. All the 4 Chief Secretaries (Gujarat, Maharashtra, Madhya Pradesh and Rajasthan) are the members of NCA. It has 6 sub-Groups as listed above.

Important sub-Groups for the present are Resettlement & Rehabilitation (R & R) sub-Group and Environment sub-Group. These are headed by Union Secretaries for Ministry of Social Justice & Empowerment and Ministry of Forest & Environment respectively. They monitor and review the progress of Resettlement & Rehabilitation of Project Affected Families (PAFs) and environment ameliorative measures respectively. Eased on their recommendation NCA accords clearance to raise further height of the dam

Note: This linkage was not available earlier in the Tribunal's Order as dam height was cleared by Sardar Sarovar Construction Advisory Committee (SSCAC ) and not by NCA. Supreme Court vide its judgement dated 18 th October 2000 placed the onus of clearing dam construction on NCA after obtaining clearances from both above sub-groups.

Review Committee of Narmada Control Authority (RCNCA) is headed by Union Minister of Water Resources. All the 4 Chief Ministers (Gujarat, Maharashtra, Madhya Pradesh and Rajasthan) are the members of this committee. Union Minister for Forest and Environment is the sixth member

Decision given by RCNCA is binding on all the participating states. It can take up matters suo moto or by application from aggrieved state.

 

Directions given by the Supreme Court

 
Construction of Sardar Sarovar dam was started in April 1987 and continued till May 1995 when the Supreme Court gave stay order on raising of the dam in a Writ Petition filed by Narmada Bachao Andolan (NBA) opposing implementation of the project. The Supreme Court disposed off the writ petition on 18 th October 2000 and ordered that construction of the Sardar Sarovar dam should continue as per the Award of the Tribunal and that every endeavour should be made to see that the project was completed as expeditiously as possible. It also directed that the Narmada Control Authority (NCA) would draw up an action plan in relation to further construction and Relief and Rehabilitation (R&R) work to be undertaken. The relevant Directions given by the Hon Supreme Court are reproduced hereunder:
 
  1. Construction of the dam will continue as per the Award of the Tribunal.
  2. As the Relief and Rehabilitation Sub-group has cleared the construction up to 90 meters, the same can be undertaken immediately. Further raising of the height will be only pari passu with the implementation of the relief and rehabilitation and on the clearance by the Relief and Rehabilitation Sub-group. The Relief and Rehabilitation Sub-Group will give clearance of further construction after consulting the Grievances Redressal Authorities.
  3. The Environment Sub-group under the Secretary, Ministry of Environment and Forests, Government of India will consider and give, at each stage of the construction of the dam, environment clearance before further construction beyond 90 meters can be undertaken.
  4. The permission to raise the dam height beyond 90 meters will be given by the Narmada Control Authority, from time to time, after it obtains the above-mentioned clearances from the Relief and Rehabilitation Sub-group and Environment Sub-group.
  5. We direct the States of Madhya Pradesh, Maharashtra and Gujarat to implement the Award and give relief and rehabilitation to the oustees in terms of the packages offered by them and these States shall comply with any direction in this regard which is given either by the NCA or the Review Committee or the Grievances Redressal Authorities.
  6. Even though there has been substantial compliance with the conditions imposed under the environment clearance the NCA and the Environ met it Sub-group will continue to monitor and ensure that all steps are taken not only to protect but to restore and improve the environment .
  7. The NCA within four weeks from today draw up an Action Plan in relation to further construction and the relief and rehabilitation work to be undertaken. Such an Action Plan will fix a time frame so as to ensure relief and rehabilitation pari passu with the increase in the height of the dam. Each State shall abide by the terms of the action plan so prepared by the NCA and in the event of any dispute or difficulty arising, representation may be made to the Review Committee. However each State shall be bound to comply with the directions of the NCA with regard to the acquisition of land for the purpose of relief and rehabilitation to the extent and within the period specified by the N.C.A.
  8. The Review of Committee shall meet whenever required to do so in the event of there being any unresolved dispute on an issue which is before the NCA, In any event the Review Committee shall meet at least once in three months so as to oversee the progress of construction of the dam and implementation of the R&R programmes. If for any reason serious differences in implementation of the Award arise and the same cannot be resolved in the Review Committee, the Committee may refer the same to the Prime Minister whose decision, in respect thereof, shall be final and binding on all concerned.
  9. The Grievances Redressal Authorities will be at liberty, in case the need arises, to issue appropriate directions to the respective States for due implementation of the R&R programmes and in case of non-implementation of its directions, the GRAs will be at liberty to approach the Review Committee for appropriate orders.
  10. Every endeavour shall be made to see that the project is completed as expeditiously as possible.

This and connected petitions are disposed off in the aforesaid terms."

 

Supreme Court has thus vide its judgement dated 18 th October 2000 got Grievance Redressal Authorities (GRAs} constituted in the states of Gujarat, Maharashtra and Madhya Pradesh. GRAs are headed by the retired judges of Supreme Court / High Court and their appointment is done after receiving approval from the Chief Justice of India. Any PAF having grievance can approach the GRA for redressal. If he is not satisfied with the verdict given by GRA, he can move the Supreme Court.

On completion of R & R of PAFs corresponding to subsequent stage of raising the dam height, each state Government is required to submit Action Taken report (ATR) to the office of NCA. The officials of NCA would then

consult GRA and conduct site verification. If GRA expresses its satisfaction about the status of R & R carried out, a report is placed by NCA officers before the R & R sub-Group. On receipt of all the three reports, the Sub- Group recommends to NCA in favour of granting clearance to further raising of dam height.

In case any PAF has any grievance he can approach the respective GRA. and seek redressal as per Supreme Court's directives.

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