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Narmada Bachao Andolan v. Union Of India And Others

Narmada Bachao Andolan
v.
Union Of India And Others

(Supreme Court Of India)

Interlocutory Application No. 5 To 7 In Writ Petition (C) No. 319 Of 1994 | 31-03-1998


1. During the course of hearing, Mr. Nariman, learned Senior Counsel appearing for the State of Gujarat, referred us to a compilation containing the details at the R&R sites for the project-affected families of Madhya Pradesh, resettled in Gujarat. After perusing some of the charts relating to different R&R sites out of the 41 relief and rehabilitation sites, he submitted that it appeared to him that there were still some deficiencies in providing civic amenities at those relief and rehabilitation sites as per the norms prescribed by the NWDT Award. These deficiencies, it was submitted, were found particularly in the matter of providing primary schools, dispensaries, drinking and other water and children parks. Mr. Nariman submitted that he shall identify all such deficiencies in different R&R sites and file a composite chart in this Court and that the State Government shall take steps to remove those deficiencies so that all civic amenities, as envisaged by the NWDT Award are made available at the earliest. He, therefore, requested for a short adjournment

2. Mr. Nariman brought to our notice that the petitioners have celebrated the "4th anniversary of the stoppage of work" and submitted that this type of celebration comes in the way of completing the R&R and encourages the PAFs not to avail of the R&R facilities. If what Mr. Nariman has stated is correct, it is unfortunate. The interim orders made by this Court are meant to be in aid of justice. The orders of this Court cannot be permitted to be exploited by anybody. The petitioners shall henceforth see that no such action is taken by them which comes in the way of completing the R&R at the sites and no celebrations of the type mentioned by Mr. Nariman are undertaken. Mr. Prashant Bhushan appearing for NBA assures us that the petitioners shall not directly or indirectly give any cause for concern by this Court

3. Mr. Andhyarujina, learned Solicitor General appearing for the State of Maharashtra, submits that the R&R facilities in the State of Maharashtra have been provided as per the norms prescribed by the NWDT Award, except for some minor deficiencies in the matter of irrigation facilities, dispensaries and appointment of teachers in the primary schools. He submits that remedial steps shall be taken to overcome all these deficiencies and an affidavit shall be filed in this Court before the next date of hearing. Let the needful be done

4. List the matter on 16-4-1998 at 3.00 p.m. for directions.

Advocates List

For

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE JUSTICE DR. A. S. ANAND

HON'BLE JUSTICE B. N. KIRPAL

HON'BLE JUSTICE S. P. BHARUCHA

Eq Citation

(1998) 5 SCC 586

LQ/SC/1998/407

HeadNote

Environment Protection and Pollution Control — Sardar Sarovar Project — Relief and Rehabilitation — Civic amenities — Deficiencies in providing — NWDT Award — Interim orders made by Supreme Court meant to be in aid of justice — Orders cannot be permitted to be exploited by anybody — Petitioners assured that they shall not directly or indirectly give any cause of concern to Supreme Court — Constitution of India — Art. 21