NARMADA BACHAO ANDOLAN Vs. UNION OF INDIA

JUDGEMENT

(1.) NARMADA is the fifth largest river in India and largest West flowing river of the Indian Peninsula. Its annual flow approximates to the combined flow of the rivers Sutlej, Beas and Ravi. Originating from the Maikala ranges at Amarkantak in Madhya Pradesh, it flows Westwards over a length of about 1312 km. before draining into the Gulf of Cambay, 50 km. West of Bharuch City. The first 1077 km. stretch is in Madhya Pradesh and the next 35 km. stretch of the river forms the boundary between the States of Madhya Pradesh and Maharashtra. Again, the next 39 km. forms the boundary between Maharasthra and Gujarat and the last stretch of 161 km. lies in Gujarat.

(2.) THE Basin area of this river is about 1 lac sq. km. THE utilisation of this river basin, however, is hardly about 4%. Most of the water of this peninsula river goes into the sea. Inspite of the huge potential, there was hardly any development of the Narmada water resources prior to independence.

(3.) THE Central Water and Power Commission carried out a study of the hydroelectric potential of the Narmada basin in the year 1955. After the investigations were carried out by the Central Water and Power Commission, the Navagam site was finally decided upon in consultation with the erstwhile Government of Bombay for the construction of the dam. THE Central Water and Power Commission forwarded its recommendations to the then Government of Bombay. At that time the implementation was contemplated in two stages. In Stage-1, the Full Reservoir Level (hereinafter referred to as 'FRL') was restricted to 160 ft. with provision for wider foundations to enable raising of the dam to FRL 300 ft. in Stage-II. A high level canal was envisaged in Stage-ll. THE erstwhile Bombay Government suggested two modifications, first the FRL of the dam be raised from 300 to 320 ft. in Stage- II and second the provision of a power house in the river bed and a power house at the head of the low level canal be also made. This project was then reviewed by a panel of Consultants appointed by the Ministry of Irrigation and Power who in a report in 1960 suggested that the two stages of the Navagam dam as proposed should be combined into one and the dam be constructed to its final FRL 320 ft. in one stage only. THE Consultants also stated that there was scope for extending irrigation from the high level canal towards the Rann of Kutch.