A Mockery of Justice Delivery

Published on: December 29, 2015

3.   Game of Numbers: Unlawful Reduction in number of PAFs:
The Supreme Court of India, in its judgment noted as to how the Government of Madhya Pradesh (GoMP) resorted to an unlawful Game of Numbers, to artificially refuse the total number of oustees and seek clearance for raise in dam height. The latest Game of Numbers includes:
  • 15,946 PAFs stated to be “out of submergence” due to flawed revision of Back Water Levels, but are likely to face submergence. R&R denied to all these oustees by NCA & GRA.         
  • 4374 PAFs declared as “ineligible” by NDVA, while hundreds out
of this category have been declared as eligible by GRA.
4.   R&R of Tapu-affected: Hundreds of oustees whose land would be marooned by the reservoir waters, are being denied of R&R despite clear position of the R&R Sub Group and the NCA that tapu-affected would also be entitled to R&R in Madhya Pradesh.

5.   Maharashtra:
(About 1,200 Adivasi PAFs mostly under 121.92 mts in 33 villages and/or R&R sites yet to be rehabilitated, as we are informed by the representatives of the PAFs.  
Pending R&R of hundreds of tribal PAFs affected under 121.92 metres, having faced submergence, but not yet rehabilitated. Latest Official Joint survey of July, 2014 reveals 791 PAFs in original villages not yet rehabilitated, although this is also an underestimated figure.
Non-attainment of cultivable land and R&R sites with civic amenities for R&R of balance 800 declared and 400 undeclared Adivasi PAFs. Land is claimed to be not available, although efforts have been made by Government of Maharashtra (GoM).
Illegality of the ex parte offers of uncultivable/ encroached land, in violation of NWDTA and GoM’s own mandate and decision dated October 22, 2001 conveyed to NCA.
Illegality of the Special Economic Package (SEP) in the context of the mandate in NWDTA and 2000, 2005 judgments to only allot land.
Issues of the R&R of Tapu affected, forest encroachers, oustees who have faced submergence without land acquisition etc.
Non-compliance with the Orders of the GRA.
Unjustifiability, against the legal mandate, of forwarding cases from GRA to Additional Collector (lower authority) for decision and disposal, delaying the process of R&R of eligible PAFs. Illegality of the decision of the R&R Sub Group and NCA to permit raise dam height despite the clear Opinion of GRA dated August 8, 2012, refusing to grant consent. 

The figure that R&R of only 207 PAFs is pending, as shown by the Government  of Maharashtra is neither final nor correct, considering the joint surveys of the GoM itself.  

1.   Gujarat - (R&R related grievances of a few hundred PAFs affected between 69 metres to 121.92 metres unresolved)
Issues of oustees from different villages of Gujarat, who have not yet received part or full land, house plots and other R&R entitlements or not shifted to R&R sites as per the NWDT provisions, Gujarat R&R policy and various government orders GOs/GRs. (Ex. Village Mukhdi, Vadgam, Gadher, Dumna and Makadkheda).
Issues of PAFs from Gujarat as well as from Maharashtra and Madhya Pradesh resettled in Gujarat, but not yet received cultivable land and amenities at R&R sites and with grievances pending such as bad land not being exchanged, land less than entitlement received, severe water logging, lack of irrigation facilities, non-declaration of eligible oustees etc.
Issues of hundreds of oustees who were promised employment as per the Narmada Oustees Employment Opportunity Rules, 1988 but not given employment.
Questionable process of threatening hundreds of PAFs declared earlier as “wrongly declared” and “ineligible” and threat of reclamation of land and other R&R entitlements granted many years ago. Land of some families has already been taken back.

2.   To enquire into as to what are the social, economic and livelihoods costs of raising the dam height from 121.62 metres. to 138.68 metres. and how do these costs compare with potential benefits from raising the dam height? As Tata Institute of Social Sciences in its study has opined as under:
“It is strongly recommended that the dam height at 121.92 m should not be raised further by installing 17 m high gates which would take the dam height to be 138.68 m, at least until the