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No consensus in SC bench over stay on Narmada dam height - [5/06/2002] - Hindustantimes.com
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Wednesday, June 5, 2002  
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No consensus in SC bench over stay on Narmada dam height
PTI
New Delhi, Jun 5

The height of Narmada Dam will continue to rise as a two-judge Bench of the Supreme Court on Wednesday failed to reach a consensus on whether construction activities be stayed as requested by Narmada Bachao Andolan (NBA) on the ground that families affected by the raising of the height have not been rehabilitated.

A vacation Bench comprising Justice N Santosh Hegde and Justice N Variava, in view of the disagreement on the grant of interim relief sought by NBA, directed posting of the matter before another Bench, which is likely to sit on June 17.

The petition filed by NBA alleged that in Madhya Pradesh, Maharashtra and Gujarat, thousands of Project Affected Families (PAFs) have not been rehabilitated prior to the May 17 decision of the Narmada Control Authority (NCA) to allow raising of the height of the dam, Sardar Sarovar Project (SSP), from the present height of 90 metres to 95 metres.

However, the NCA as well as the States of Madhya Pradesh and Gujarat categorically stated that all the PAFs, required to be rehabilitated on raising the height of the dam to 95 metres, have been suitably rehabilitated.

When the Bench referred the matter to be placed before another Bench, counsel for NBA said in the interim period the construction activity at the dam site should be stayed.

The Bench declined the request.

Appearing for NCA and the Union Government, Additional Solicitor General Mukul Rohtagi contended that the dam height has already reached the 92 metre level and any stay granted by the Court would result in huge loss to the exchequer.

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