A Mockery of Justice Delivery

Published on: December 29, 2015
violations the clearance granted by the ESG on 1.4.2000, R&R sub-group on 27.6.2013, consent by Former GRA (M.P.) on 26.4.2000 and NCA on 12.6.2014 are legally not tenable or sustainable and consequently require to be set aside and quashed.
 
The representatives of the petitioners represented by Medha Patkar, Soumya Dutta and Meera Narmada strongly urged before us that the order dated June 12, 2014  passed by the NCA is not legally correct. We humbly explained that this Tribunal is an Independent People’s Tribunal, which has no legal sanction behind it and in the legal hierarchy any declaration made by the Apex Court is binding on all legally constituted courts or tribunals and public authorities.  This Tribunal has been constituted by the people of this country for seeking guidance as to what remedy, is available to the PAFs and oustees against the order dated June 12, 2014 and to seek any relief against the orders or directions passed by the court, if any, in violation of mandatory direction issued by the Hon’ble Supreme Court itself or in violation of any statutory law.
 
In the instant matter the dispute arose as the Government of India, Madhya Pradesh and Gujarat had claimed that all project affected families were rehabilitated as per NWDT and the order/ or direction of the Hon’ble Supreme Court and the claim of the Government has been challenged to be false and untrue on the basis of actual facts on the ground. It is thus a case of error apparent on the face of the record and the mistake is of substantial character. Further the order under challenge has been passed in violation of the many orders of the Supreme Court and other instrumentalities of State or its agencies as already discussed above.
 
The mistake or the error even stands admitted as already discussed above or stands proved by the enquiry made by the Fact Finding Committee and by the Independent People’s Tribunal and gets support from the opinion dated October 8, 2009 of the Attorney General of India that approval of the Hon’ble Supreme Court needs to be taken for any construction of the Sardar Sarovar Dam beyond 121.92 metres and further construction of piers and bridge would be fresh construction and cannot be carried out without permission. The error is apparent and there is noncompliance of R&R stands corroborated by the fact that the Hon’ble Court has through its order dated January 16, 2015 and March 13, 2015 directed the GRAs to dispose of all applications and petitions pending before them as early as possible in Narmada Bachao Andolan versus Union of India.

The essential components of land-based rehabilitation for even those recognised as project affected, is not being implemented, with many instances of oustees being compelled to opt between barren/conflict ridden lands or paltry monetary compensation, not resulting in actual purchase of land
 
The Tribunal, therefore, humbly expresses its opinion and advises the petitioners that they may approach the Hon’ble Supreme Court for review of the order dated June 12,2014 under Article 137 of the Constitution of India and pray before the Hon’ble Court that it should to reexamine and determine the rights of the PAFs, oustees, landless persons and other adversely affected persons living in Narmada Valley under Article 21 of the Constitution of India relating to R/R and appropriate relief to which they are entitled be kindly provided in the facts and circumstances of the case as under :-
 
1.   (a)   All PAFs entitled to land and alternative livelihood, house plots affected below 121.92 meters not yet rehabilitated as per NWDTA, R&R Policies of the States and 2002 and 2005 judgments of the Hon’ble Supreme Court as NCA’s Annual Report 2012-13 itself admits that 2143 PAFs under 121.92 meters yet to receive land indicating that 2006 clearance to raise dam beyond 110.64 meters was itself illegal and violative of judgments.
 
The State must therefore undertake the following with due urgency.
 
(b)        To identify and provide cultivable and irrigable lands to about 6000+ oustee families who have been paid compensation or SRG/SRP and reside in the hilly as well as plain villages, with legal rights to land