Fwd: [initiative-india] Apex Court questions delay in decision-making on Narmada Canals

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From: NAPM India <napmindia@napm-india.org>
Date: Wed, May 4, 2011 at 9:05 PM
Subject: [initiative-india] Apex Court questions delay in decision-making on Narmada Canals
To:

 

For Immediate Release                                                                                                    4th May, 2011

 

Apex Court questions delay in decision-making on Narmada Canals

Directs Solicitor General & MoEF Secretary to be present on May 11^th

 

The Hon'ble Supreme Court today took strong exception to the inordinate delay by the Ministry of Environment and Forests in taking a decision on the command area plans (CAD) of the Indira Sagar and Omkareshwar Canal Projects. The Court sought a categorical explanation as to why the Ministry has not been taking any clear position, inspite of four reports by the Dr. Devender Pandey Committee of Experts on the Narmada Canals, concluding non-compliance with the clearance conditions.  After hearing the parties, the Three Judge Special Narmada Bench including Hon'ble Justices Shri B.N. Kirpal, Shri J.M. Panchal and Shri Deepak Verma directed the Solicitor General and the Secretary, MoEF to personally be present before the Court on the 11^th of May and clarify the Ministry's position to the Court.

 

It is well-known that the Madhya Pradesh Government has been going ahead with reckless excavation of the most fertile agricultural lands in the valley, ever since the Apex Court lifted the High Court's stay in February, 2010. After protracted legal proceedings, the Supreme Court directed in its order of on February 24^th, 2011 that the M.P. Govt. must submit detailed CAD plans by 24^th March and thereupon decision to be taken by MoEF within a month's time.

 

The MoEF, instead of using its legal mandate to stop work as per the Environment Protection Act, in the face of obvious illegality, lack of planning and serious violations, took a different approach of calling for two meetings of the Expert Appraisal Committee for River Valley Projects and is yet to take a clear position and decision of issuing stop-work orders. The same order also stated that the Ministry shall consider objections, if any, filed by the NBA and the canal-affected persons. Although the NBA was not provided all the requisite documents and plans submitted by the NVDA, objections were raised by the NBA.   The M.P. Govt. has been asked by MoEF to respond to the objections raised by NBA by 5^th May i.e. by tomorrow.

 

Advocate Sanjay Parikh and party-in-person Ms. Medha Patkar pleaded before the Court today that there has been unnecessary and deliberate delay in the MoEF's decision-making process, which is leading to unjustifiable violations, destruction of thousands of hectares of land, livelihoods and also non-compliance of the Court's directives on the rehabilitation, with land of the affected farmers. Advocate Ms. Pandey could not answer satisfactorily to the Court as to why the MoEF has not taken a position, despite the Solicitor General's assurance on the last date of the hearing. The Court took a firm position that such delay by the Ministry will not be tolerated and directed that the Secretary, MoEF and SG to be present before it on the next date of hearing and clarify the Ministry's position.

 

It may also be recalled that the MoEF Minister, Mr. Jairam Ramesh himself promised to visit the Narmada valley in April, when hundreds of affected farmers protested at his Ministry's gates, but did not keep up to his assurance. The situation on the ground remains serious and thousands of people are fighting their battles with the project authorities in the villages that are fully irrigated and in the catchment of SSP , where there is a river today and reservoir tomorrow and thus no rationale for the canal networks itself.

 

Jamsing Richa                        Ranveer Tomar                       Lalchand Patidar          Medha Patkar

Ph: 09423965153 / 09179148973 / 07290-291464

 

  *************************
Narmada Bachao Andolan,
Narmada-Ashish, Off Kasravad Road,

Navalpura, Badwani,

Madhya Pradesh – 451551
Ph: 07290-291464; Fax: 07290-222549
E-mail: medha.narmada@gmail.com ;
             nba.medha@gmail.com

National Alliance of People's Movements
National Office: Room No. 29-30, 1st floor, 'A' Wing, Haji Habib Bldg, Naigaon Cross Road, Dadar (E), Mumbai - 400 014;

6/6, Jangpura B, Mathura Road, New Delhi - 110014
Phone : 011 26241167 / 2435 4737
E-mail: napmindia@gmail.com  | napmindia@napm-india.org
Web : www.napm-india.org

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National Alliance of People's Movements
National Office: Room No. 29-30, 1st floor, 'A' Wing, Haji Habib Bldg, Naigaon Cross Road, Dadar (E), Mumbai - 400 014;
Ph: 022-24150529

6/6, Jangpura B, Mathura Road, New Delhi 110014
Phone : 011 26241167 / 24354737 Mobile : 09818905316

E-mail: napmindia@gmail.com | napm@napm-india.org
Web : www.napm-india.org

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