High Court stays canal work of Narmada dams

The Madhya Pradesh High Court has stayed the construction and land acquisition for canals of the Omkareshwar and Indira Sagar dams through an interim order on Wednesday.

The order, passed by a double bench comprising Justice A.K. Patnaik and Justice P.K. Jaiswal, came in response to a petition filed by the Narmada Bachao Andolan (NBA).

According to the Provisions of the Panchayats (Extension to the Scheduled Areas) Act (PESA), 1996, it is mandatory for any implementing agency to seek the approval of the gram sabha for all the plans, programmes and projects for social and economic development at the village level.

However, State authorities did not seek any such approval or even inform the gram sabhas concerned, of the land acquisition for the canals, thus violating section 243-M-4(b) of the Constitution.

“This is an absolutely unconstitutional step taken by the State authorities and today’s order of the Jabalpur High Court has proved it by staying it,” said Medha Patkar, senior activist of the NBA. “The next hearing of the case is on August 4,” she added.

The High Court has also asked the accused/respondents – the Madhya Pradesh government, the Narmada Valley Development Authority (NVDA), the Narmada Control Authority and the Union Ministry of Environment and Forests – to reply to the issues raised in the petition, by July 21, 2009.

The petition has objected to the non-formulation of a rehabilitation scheme for the oustees and the absence of any working scheme for the development of the benefiting area.