Skip to main content

Victory for anti-Narmada dam forces, as Supreme Court dismisses Madhya Pradesh govt plea on outees' land rights

By Our Representative
In a major victory for the country’s powerful anti-Narmada dam organization led by Medha Patkar, the Narmada Bachao Andolan (NBA), the Supreme Court has dismissed the application of the Madhya Pradesh (MP) government denying the right of land to thousands of adult sons of the dam’s oustees.
Upholding the right of land to every adult son as per its earlier 2000 and 2005 judgments, the apex court’s Social Justice Bench comprising Justices Madan Lokur and Uday Umesh Lalit have dismissed the MP government plea through the state’s Narmada Valley Development Authority (NVDA) seeking a “modification/clarification” of its previous judgments in order to deny the right of land to the adult sons of the dam-affected farmers.
Welcoming the apex court order, the NBA said, the court held, among other things, that the MP government application suffers from “gross delay” for failing to implement the earlier orders. “The bench took note of the fact that while the entitlement of adult sons was recognized many years ago, one set of oustees were offered land as special rehabilitation package (Rs 5.5 lakh for 5 acres) since the judgment of March 15, 2005, but another set of oustees were denied the same.”
According to the apex court, this would result in a “clear violation of Article 14 of the constitution which “guarantees a fundamental right to equality”, terming this as not an example of “good governance” while dismissing the application.
Arguing for the oustees, advocate Sanjay Parikh stated that, besides being un-maintainable, the MP government pea was based on “gross misinterpretation of the 2011 judgment of the apex court in the Omkareshwar Dam case, which is not applicable to the Narmada dam oustees.”
Parikh argued, “As per the Narmada Water Disputes Tribunal Award and the 2005 judgment, all adult sons are indisputably entitled to five acres of cultivable and irrigable land.”
The NBA said the apex court judgment was “a vindication of the rights and struggle of thousands of adivasis and other farmers, who have been waiting for land-based rehabilitation since many years and many of their families have also faced unlawful submergence in the previous years.”
The NBA underlined, “The effect of today’s order is that all the adult sons of the dam oustees would be entitled to and have to be allotted five acres of cultivable land.”
It added, “This includes hundreds of farmers who have been entangled in the fake registries scam, an estimated 2000 plus oustees to be finalized by the Justice Jha Commission, 1,500 oustees who have received only one installment of cash but could not purchase land, and hundreds of those who have been given uncultivable land out of the land bank.”
The NBA believed, another 500 applications pending before MP’s Grievances Redressal Authority “can also now be immediately decided in the favour of the adult sons on the basis of today’s order.”

Comments

TRENDING

Lip-service on World Environment Day vs 'watered-down' eco-safeguards

By Shankar Sharma*  Just a few days ago, the world remembered the routinely forgotten global environment on the occasion of World Environment Day, briefly though, maybe just for the day. There were reports of a few high profile ceremonies in different parts of the country, including a few in New Delhi. Prime Minister Narendra Modi reportedly asked the people of our country to plant one tree per each person as a mark of respect/ gratitude for our mothers.

'Attack on free expression': ABVP 'insults' Udaipur professor for FB post

Counterview Desk   People’s Union for Civil Liberties (PUCL), Rajasthan, condemning what it called "insult of Professor Himanshu Pandya" by students affiliated with with the Akhil Bharatiya Vidyarti Parishad (ABVP) in Udaipur, has said he was evicted from the class where he was teaching after raising "ugly slogans", forcing him to "leave the university".

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Pellet gun fire severely injures Dalit worker off Bangladesh border

By Kirity Roy*  This is regarding an incident of firing pellets by the Border Security Force (BSF) personnel attached with Panchadoji Border Outpost of ‘E’ Company of 90 BSF Battalion on a Schedule Caste youth of village Parmananda under Dinhata Police Station of Cooch Behar district of West Bengal. The victim was severely injured and one portion of his face became disfigured due to pellet firing by the BSF.

Moving towards sustainable development? Social, environmental implications of HCES data

By Dr Vandana Sehgal, Dr Amandeep Kaur*  Sustainable development, the high time agenda, encompasses economic, social, and environmental dimensions, aiming for a balance between all these aspects to ensure long-term well-being and prosperity for all. One of the crucial aspects of sustainable development is consumption patterns. Consumption patterns refer to the way individuals, households, and societies use resources and goods. Sustainable consumption patterns entail using resources efficiently, minimizing waste, and considering the environmental and social impacts of consumption choices.

Heatwave in Bundelkhand: 'Inadequate attention' on impact on birds, animals

By Bharat Dogra, Reena Yadav*  While the heat wave and its many-sided adverse impacts have been widely discussed in recent times, one important aspect of heat waves has not received adequate attention and this relates to the impact on birds and animals.

High on aesthetics, this 'pro-Naxal' Punjabi poet shunned sloganeering

By Harsh Thakor*  Surjit Patar, one of Punjab’s top progressive poets, whose life journey symbolised crusade against oppression, died of cardiac arrest at his residence on Barewal Road in Ludhiana, on 11 May 2024, at the age of 79. In Barnala, on June 9th, a gathering of around 10,000 persons for all walks of life was staged in his memory, by the Gursharan Singh Lok Kala Salam Kafla. An award was presented to members of Patar’s family.