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SC lets dam work go on, says wait for PM on rehab

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Express news service Posted: May 09, 2006 at 0238 hrs IST
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NEW DELHI, MAY 8: Work on raising the height of the Sardar Sarovar dam will continue. The Supreme Court today refused to grant the Narmada Bachao Andolan’s request for staying the raising of the height from 110 to 121 m and left it to Prime Minister Manmohan Singh to find a solution to the controversy over relief and rehabilitation of the project-affected families.

“We hope and expect the Prime Minister will be able to take a decision on or before July 3 and the decision taken shall be placed on record,” said a bench of Chief Justice Y K Sabharwal, Justice K G Balakrishnan and Justice S B Sinha. The next hearing is on July 7.

The order came after Additional Solicitor General Gopal Subramanium told the court that the PM had constituted a panel comprising former Comptroller and Auditor General V K Shunglu, ex JNU Vice Chancellor G K Chaddha and Convenor of NGO Loksatta Dr Jay Prakash Narayan to oversee the rehabilitation work.

The committee, he said, had tied up with National Sample Survey Organisation and constituted teams which would collect data of the affected people and status of relief works.

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He assured the court that the committee’s survey would not be restricted to any sample and would cover almost the entire area where rehabilitation was being done.

On the need for the survey, he said, “We must have some empirical data and it should be available by middle of June. That would show if relief and rehabilitation can be completed by June 30. Based on that, the Government may take an appropriate decision.”

Agreeing with him, the court observed, “We will also be in a better position to know the facts (by then).” It also asked “all parties concerned” to “fully co-operate with the survey teams” and “not to cause any obstruction”.

Earlier, NBA counsel Shanti Bhushan contended that as per the earlier SC order, rehabilitation work had to be completed well in advance before the dam height was raised.

However, the ASG pointed out that the SC order had thrown up two situations. “If rehabilitation had to be pari pasu (simultaneous) the work, then it was enough that people were resettled by June 30. But if what the court meant was that it should be completed a year in advance, then clearly work could not go on.”

The ASG also discredited the report of the Group of Ministers on the rehabilitation work saying it was “not entirely accurate”.

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