World | India
High court tells Madhya Pradesh to resettle people ousted by dam
Narmada Bachao Andolan petition sees relief for farmers without land deeds.
- By Pamela Raghunath, Correspondent
- Published: 01:05 February 23, 2008
Mumbai: In a landmark judgement in a case filed by the Narmada Bachao Andolan (NBA) seeking the rehabilitation and resettlement of people displaced by the Omkareshwar dam, the Madhya Pradesh (MP) High Court has directed that every farmer and adult sons of farmers be provided agricultural land.
The court, on Thursday, also directed the state to allot land to adult sons of cultivators in the area even if they could not produce proper titles.
Refusing to entertain the argument that the state could not possibly resettle all the displaced people, the court held that if the government could make land available to special economic zones (SEZs) and private industries, it should be able to provide land to those ousted by the dam project.
A bench comprising Chief Justice A.K. Patnaik and Justice Ajit Singh pulled up the state government for its failure to provide land for land in accordance with the Rehabilitation and Resettlement (R&R) Plan and Policy and Government of India norms.
Checks on water level
The ruling is being seen as a major victory for those depending on land for their livelihood and for the NBA which has been waging a protracted battle on behalf of those affected by the dam projects in the Narmada Valley.
The court also held that the water level of 189 metres could not be raised until R&R records of all the oustees, including those pertaining to allotment of land, were completed. The state was also asked to pay 10,000 rupees (Dh920) to the petitioner - the NBA - as costs.
"The Omkareshwar dam is one of the large dams being constructed in the Narmada Valley, affecting 30 villages and nearly 8,000 families," said Alok Agarwal, an NBA activist. The dam is being constructed by the Narmada Hydro-Development Corporation, a joint venture of the state and central governments.
"Though the basic feature of the R&R policy applicable for this project is allotment of land for land, not a single oustee has been provided land," said Agarwal.
The NBA moved court to prevent large-scale submergence of homes after the state government permitted the filling of the reservoir in March 2007 without due R&R procedure.
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