A Mockery of Justice Delivery

Published on: December 29, 2015
past obligations are fulfilled, the benefits of 121.92 m are completely realized, and a honest comparative analysis of future costs and benefits is carried out. Such a decision would also ensure that concern on social and ecological impacts are addressed, responsibility for non-compliance is fixed, and violators are penalized.
 
3.   To direct the SSNNL, NCA and the Government of MP, Gujarat and Maharashtra to complete R&R within a period as specified by the Hon’ble Supreme Court.

4.   To appoint a commissioner to make an enquiry and report as to under whose instructions false affidavit was prepared and filed in the Supreme Court for raising the height of the dam up to 138.68 metres. In case it is prima facie proved that affidavit is false then whey a criminal case of conspiracy, forgery and perjury etc. may not be lodged and the wrong doers be not prosecuted and punished in accordance with law after making a probe against NCA for taking a decision to increase the height of the Dam by 17 meters.

5.   The Hon’ble Supreme Court may be requested to redefine the definition of the Project affected persons (as a large number of families facing submergence have not been counted as PAFs and re-determine the amount of compensation in the light of the new Land Acquisition Act and in view of the enormous delay caused in the construction of the dam and the procedure so far followed is not right, just and fair.

On the basis of the concurrent finding the FF Team and Independent People’s Tribunal we are of the opinion that the claims of the Central Government and the Governments of Madhya Pradesh(MP), Maharashtra and Gujarat before the Supreme Court that the rehabilitation was fully or substantially completed - is false and the affidavit submitted to support the claim appears to have been prepared to support a false claim; the motive appears to be to create false evidence to obtain a favourable order from the Hon’ble Supreme Court.

6.   The Government of MP and all agencies be kindly directed to cancel all leases granted for sand mines in the villages affected by the SSP, since as rightly directed by the High Court of Madhya Pradesh, land vested with the NVDA cannot be leased out by the state government, which is in violation of NWDT Award.  

7.   The Tribunal sincerely expresses its grateful thanks to all oustees and PAFs and NBA for reposing confidence in us and we hope that our verdict or report will generate discussion and deeper analysis in the interest of people living in Narmada valley and elsewhere for safeguarding the right to life for all.

8.    We may again reiterate that the Tribunal is fully aware of the fact that its verdict and/or direction are not enforceable. However, we may expect the Governments both Central and State Governments to treat it as recommendation and seek judicial review of the impugned order from the Hon’ble Supreme Court or may make use of it in filing a writ petition before the Hon’ble Supreme Court as there is violation of fundamental rights of the peasants, farmers, labourers and other citizens under Article 14, 19(1)(g) and 21 of the Constitution of India. The action is violating of Article 21 read with Articles 39(a) and 47 and the International Covenant on Economic, Social, Cultural Right and International Covenant on Civil and Political Rights and the 73rd amendment of the Indian Constitution and as all rights are part of human rights are automatically enforceable as if they are domestic laws.
 

In the Judgment of the Supreme Court dated October 18, .2000 (Narmada Bachao Andolan V/s Union of India, 2000(10) SCC 664) – the Hon’ble Supreme Court clearing the construction of Sardar Sarovar Project emphasized that land based rehabilitation is a right of the project affected families and further mandated that rehabilitation shall be done on the “better off” principle. The Hon’ble Supreme Court further while disposing of the case imposed two conditions to be kept in mind (i) the completion of the project at the earliest and (ii) ensuring compliance with the condition of relief and rehabilitation work and taking of ameliorative