NARMADA BACHAO ANDOLAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioner is an organization of farmers, adivasis, labourers, fish workers and other people from the Narmada Valley affected by the construction of the Sardar Sarovar Project on Narmada River and has filed this writ petition as a Public Interest Litigation alleging various irregularities and corruption in implementation of measures for resettlement and rehabilitation of the project affected persons of the Sardar Sarovar Project in the State of Madhya Pradesh and has prayed for an investigation into the allegations by an independent agency such as the Central Bureau of Investigation (CBI ).

(2.) THE facts briefly are that the Sardar Sarovar Project is an Interstate project involving the States of Gujarat, Madhya Pradesh, Maharashtra and rajasthan and to resolve the disputes between these States, the Narmada Water disputes Tribunal (for short 'the Tribunal') was set up in the year 1969 under the interstate Water Disputes Act, 1956. In year 1979, the Tribunal made an award (hereinafter referred to as 'the Narmada Award') which inter, alia stipulated measures for resettlement and rehabilitation (R and R) of the Project Affected persons (for short 'the PAPs') of the Sardar Sarovar Project in Gujarat, Madhya pradesh and Maharashtra. The R and R measures inter alia stipulated that

(3.) THE petitioner has alleged in the writ petition that although crores of rupees have been spent by the State Government through the Narmada valley Development Authority (for short 'the NVDA') to implement the aforesaid R and R. stipulations in the Narmada Award, the benefits of the R and R stipulations in the Narmada Award have not been actually received by the paps PAFs on account of large scale irregularities and corruption as detailed in the writ petition. The irregularities and corruption as detailed in the writ petition broadly can be categorised under the following heads:-