THE six-year-old legal wrangle over the Rs 18,000 crore Sardar Sarovar Project ended on Wednesday with the Supreme Court okaying further construction of the dam on the river Narmada as per the Narmada Tribunal Award.
The court, in a majority judgement, said the review committee could refer to the Prime Minister any differences over the implementation of the award, whose decision will be final.
By a 2-1 judgement, the three-member bench permitted construction of the dam up to 90 meters on the basis of the clearance by the project's relief and rehabilitation sub-group. But construction beyond this height may be undertaken only after clearance by
the environment sub-group of the ministry of environment and forests.
The judgement is a major setback for the Narmada Bachao Andolan which has been spearheaded a mass movement against the project.
The majority judgement was in the name of Chief Justice A S Anand, who concurred with Justice B N Kirpal. Dissenting judge S.P. Bharucha wanted the dam's construction halted till the environment ministry clears the project on the basis of expert advice.
Senior counsel Shanti Bhushan, who represented the NBA, wanted an independent judicial authority review of the project, contending that its harsh impact on the environment were not fully assessed.
The Court observed: "Perhaps the setting up of a thermal plant may not displace as many families as a hydel project may, but.the pollution caused by the thermal plant and the adverse affect on the neighbourhood could be far greater than the inconvenience
caused in shifting and rehabilitating the oustees."
Judges Anand and Kirpal directed the Narmada Control Authority to moot within four weeks a plan for the completion of the dam and the rehabilitation of the people displaced. Madhya Pradesh, Gujarat and Maharashtra, the states covered by the project, should
abide by the plan and disputes could be represented to the review committee, the court said.
The grievances redressal authorities, the court said, was at the liberty to direct the three states to implement the rehabilitation programmes, and even approach the review committee if it was not forthcoming.
