Over 17,000 Families Await Rehabilitation Even as Sardar Sarovar Dam Fills Up

Reported by

Gourav Jaiswal

Legal Data by

Edited by

Updated by

Published on

September 25, 2016

September 25, 2016

Updated on

September 25, 2016

Location of Conflict

Chhota Barda

Dhar, Alirajpur, Khargone

Barwani

Reason or Cause of Conflict

Multipurpose Dam

(

)

People Affected by Conflict

Households Affected by Conflict

18000

Land Area Affected (in Hectares)

7883

ha

Starting Year

1979

State

Madhya Pradesh

Sector

Infrastructure

The Sardar Sarovar Dam was proposed in 1961 on the Narmada river near Navagam in Gujarat. It is the largest in a series of large irrigation and hydroelectric multi-purpose dams on the river. The dam has been the focal point of one of India's largest public movements against mass displacement of farmers, fisherfolk and indigenous people living within the submergence area of the dam. The movement against the dam, known as Narmada Bachao Andolan (NBA), is led by social activist Medha Patkar.
The government has identified 32,000 families -- equivalent to about 150,000 people -- as affected in the states of Madhya Pradesh, Maharashtra and Gujarat. Three-fourths of the families are in Madhya Pradesh spread across Dhar, Barwani, Khargone and Alirajpur districts.The rehabilitation terms were set by the Narmada Water Disputes Tribunal in 1979 and are implemented by the Narmada Control Authority (NCA), an inter-state body headed by the Secretary, Department of Water Resources, under the Central government's Ministry of Jal Shakti. The Sardar Sarovar Dam's construction was completed to its full height of 138.68 metres in 2017, and the NCA permitted filling the dam to its full capacity based on a clearance from its rehabilitation sub-group that all families had been rehabilitated.
However, people in the submergence area in Madhya Pradesh had not moved out. In May 2017, the Madhya Pradesh government published a list of 18,000 families that were still living in the submergence area. The government announced a package of INR 5.8 lakh per family as a grant to build houses in rehabilitation areas. However, in 2017 and 2018, there was not enough rainfall to fill up the dam, even though the dam authorities wanted it to be filled up to the brim.
In May 2019, the chief secretary of Madhya Pradesh wrote to the NCA stating that 17,452 families were still living in the submergence zone, awaiting rehabilitation. The NBA claims this figure to be 32,000. In August 2019, as the dam began to fill up due to abundant rains, the Madhya Pradesh government started evacuating people from the submergence areas. People had nowhere to go as they were yet to receive the grant to build houses. Some rented houses in nearby villages, while those who could not afford rents were put up in government relief camps. The NBA held a nine-day hunger strike in August near the swelling Narmada river at Chhota Barda village in Barwani district. The strike was called off after the state government assured the protesters that it would look into the matter.
On September 17, 2019, the waters eventually rose to the dam's full capacity of 138.68 metres, coinciding with the birthday of Prime Minister Narendra Modi, who had supported the project since his stint as the chief minister of Gujarat. Modi celebrated his birthday by visiting the dam and offering prayers.
The release of water submerged Chikalda village in Dhar, leaving 1,366 families homeless. The NBA filed a petition in the Supreme Court deeming the submergence illegal. The matter is sub-judice.

Demand/Contention of the Affected Community

Demand for rehabilitation

Complaint against procedural violations

Demand for more compensation than promised

Demand for promised compensation

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Both

Type of Common Land

Forest and Non-Forest

Total investment involved (in Crores):

4000

Type of investment:

Revised Investment

Year of Estimation

2010

Page Number In Investment Document:

Has the Conflict Ended?

When did it end?

Why did the conflict end?

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Land Acquisition Act, 1894
Section 4 [Publication of preliminary notification]; Section 5A [Hearing of objections to the notification]; Section 6 [Declaration that land is required for a public purpose – in this case, tourism]; Section 11 [Enquiry and award by collector]; Section 11A [Collector shall make an award within a period of two years from the date of the publication of the declaration]; Section 15 read with Sections 23 and 24 [Matters to be considered and neglected in determining the amount of compensation]; Section 17(3A)(a) [Before taking possession of any land, the collector shall tender payment of 80 per cent of the compensation for such land as estimated by him to the person entitled thereto]; Section 31 [On making an award under Section 11, the ollector shall tender payment of the compensation awarded by him to the persons interested entitled thereto according to the award]
Rehabilitation Policy as per the Narmada Water Dispute Tribunal Order
Paragraph 3 [Landed Oustees - Every displaced family from whom more than 25 per cent of its land holding is acquired shall be entitled to and be allotted irrigable land to the extent of land acquired from it subject to the prescribed ceiling and a minimum of two hectares (5 acres) per family]; Paragraph 8(a) [Compensation for land is as per the Land Acquisition Act in operation at the time of acquisition]; Paragraph 9 [Civic amenities to be provided as part of the rehabilitation]
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Section 24(2) [In case of land acquisition proceedings initiated under the Land Acquisition Act, 1894, where an award under the said Section 11 has been made five years or more prior to the commencement of this Act but the compensation has not been paid, the said proceedings shall be deemed to have lapsed]
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    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  7. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

Whether claims/objections were made as per procedure in the relevant statute

What was the claim(s)/objection(s) raised by the community?

What was the Decision of the Concerned Government Department?

Legal Processes and Loopholes Enabling the Conflict:

Non-rehabilitation of displaced people

Delay in compensation

Non-payment of compensation/promised compensation

Legal Status:

In Court

Status of Case In Court

Disposed

Whether any adjudicatory body was approached

Name of the adjudicatory body

Name(s) of the Court(s)

Supreme Court of India

Case Number

WP (C) 1176/2019

Main Reasoning/Decision of court

Supreme Court of India, WP (C) 1176/2019, Order dated October 24, 2019: The court ordered a High-Level Committee/Review Committee to conduct meetings as per Clause XIV, sub clause 14 of the Narmada Water Disputes Tribunal Award. The committee will meet and take a decision about the water level as well as rehabilitation issues involved in the matter. The committee was directed to hold meetings expeditiously and take a decision, and the writ petititon was disposed of.

Major Human Rights Violations Related to the Conflict:

No items found.

Whether criminal law was used against protestors:

Reported Details of the Violation:

Date of Violation

Location of Violation

Nature of Protest

Advocacy (for inclusion in courts)

Campaigns (grassroots organisations/press releases/media)

Complaints/petitions/letters/memorandums to officials

Development of a network or collective

Protests/marches

Public campaign

Involvement of national and international NGOs

Government Departments Involved in the Conflict:

Narmada Control Authority, Narmada Valley Development Authority

PSUs Involved in the Conflict:

Sardar Sarovar Narmada Nigam Limited

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Affected villagers

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Image Credit:  

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Documented By

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Reviewed By

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Updated By

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