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DAM-L LS: Dharna Continues in spite of Police Intervention (fwd)



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subject: LS: Dharna Continues in spite of Police Intervention
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Narmada Bachao Andolan
Press Note: 16.11.2000

Dharna Continues Inspite of Police Intervention:
States Amended Narmada Tribunal For showing Less displacement : Court misled

Entering the 6th day of the Dharna at Delhi, the police have stopped the 
people from going to the Narmada Control Authority (NCA) office. They were 
on their way to the NCA premises to hold a peaceful dharna and fast, to 
remind them that their callousness in reporting the ground reality in 
respect to the rehabilitation of the people affected even by the existing 
dam have created havoc and facilitated the Supreme Court to allow further 
construction and any further recommendation for further work will script 
death to the valley. The people, on stopping from going further, have 
carried out their actions where they were stopped. The dharna, with songs 
and slogans have demonstrated their determination to fight, even when all 
arms of the system are seem to be against them.

More and more people from Delhi are coming to the dharna place to express 
their solidarity with the people. Some even are helping the cause by 
providing food to them. Many International organisations too are expressing 
their support to the cause, by issuing statements and writing to the 
concerned authorities, urging them to halt the dam and stop letting the 
tribals suffer for someone's prosperity.

States Amended Narmada Tribunal: Height Parameters of SSP Changed
For showing Less displacement :15,000 People Not Counted As Project Affected

Contrary to what the Supreme Court and Government of Gujarat stand about 
the irrevocability of the Narmada Water Dispute Tribunal Award (NWDTA) with 
respect to the height of Sardar Sarovar Project (SSP), it is now evident 
from statements of Government of Madhya Pradesh, that the Tribunal was 
amended way back in 1983 for the convenience of the Government of Gujarat 
and other riparian states. To underplay the grave impacts of massive 
submergence, the State Governments seems to have amended the Tribunal to 
change the height parameter maximum Water Level ( MWL) of SSP from 460' to 
455'. As a result, there is a gross underestimation of the people affected 
by the backwaters of SSP- at least 15,000 people are not being counted as 
project affected due to this change. While there was no mention for all 
these years about the change in the government documents, this was revealed 
in year 2000 itself due to the persistent query of the Narmada Bachao Andolan.

The concerned governments have hidden and misrepresented this fact. 
Documented evidence proves that all riparian state governments have filed 
false affidavits on the SSP height and ensuing submergence. The Courts, the 
people and other independent agencies (like the World Bank's Morse 
Committee) were misled, and continue to be, based on the continued 
applicability of these affidavits. The Supreme Court Judgement is based on 
such false affidavits.

The NWDT decrees that the Gujarat Government construct the SSP to a height 
of Full Reservoir Level (FRL) of 455 feet and the MWL of 460 feet. However 
recently, the Madhya Pradesh Government has pledged under oath in the 
Supreme Court (via Affidavit Volume 156 A in NBA v/s Union of India and 
Others WP 319/1994) that the Tribunal has been amended to change the MWL 
from 460' to 455'. According to M.P. this decision was taken in a meeting 
of the Narmada Control Authority (NCA) with the consent of all riparian 
states (Maharashtra, Gujarat & MP). Not only is the evidence coming from 
M.P., but also Gujarat, since the backwater calculations are done by the 
Central Water Commission in consultation with Gujarat and M.P. and this is 
being done from MWL 455 instead of MWL 460. Maharashtra basing its land 
acquisition on these calculations is also not rehabilitating people till 
MWL 460 feet and backwater but only till 455 feet and backwater. When 
people pointed this (WHEN) out to one of (WHICH)the GRAs and sought land 
acquisition and rehabilitation for those below MWL they received a reply 
that the MWL has been changed from 460' to 455' in 1983.

The Tribunal had prescribed that people whose houses were between the FRL 
455' and MWL 460' (and backwater) are project affected and should be moved 
to alternate plots in higher places. However due to this amendment the 
Maximum Water Level itself has been lowered to 455 feet and therefore at 
least 15,000 people are not being counted as project affected and not being 
rehabilitated.

The FRL and MWL of Sardar Sarovar Dam occur in EXACTLY the same clauses of 
the Tribunal and in the same manner and if one can be discussed and changed 
so can the other. The majority Judgement of the Supreme Court has said: 
"The height of the Sardar Sarovar dam was determined at FRL 455 feet." In 
fact The Majority judgement of the Supreme Court, basing itself on one 
height parameter rather than two, is not consistent with the Tribunal which 
states "The Tribunal hereby determines that the height of the Sardar 
Sarovar Dam should be fixed at FRL 455 feet AND MWL 460 feet." Thus while 
the Court has totally removed the height parameter of the MWL ( 460 feet), 
it has maintained that the FRL ( 455) cannot even be reviewed.

While it is clear from levels upto which rehabilitation is being planned, 
that the MWL has been changed, it is not transparent from documents filed 
in Court. In the past few weeks, in response to NBA's queries to Grievance 
Redressal Authority (GRA)- appointed by the Court order, a note was given 
that the amendment took place in the NCA meeting of 1983. However until mid 
1995 all documents, maps and affidavits by all the state governments as 
well as the stones installed during this period in villages indicating the 
submergence region were using MWL of 460'. Subsequently, since 1996, there 
is mysteriously no mention of MWL or 460' in any of the Gujarat 
government's affidavits (except few filed to say dam height can't be 
changed where MWL 460 occurs!) and the complete removal of this most 
important term is very strange. Moreover backwater calculations coming from 
CWC and certified by the Chief Engineer at Kevadia Colony, Gujarat are 
being done from only 455' instead of 460', without mentioning the word MWL.

While this indicates that Gujarat cannot disagree with M.P.'s claim that 
MWL has been changed to 455', there is cause for serious concern since both 
state governments have used the wrong value of MWL in the Supreme Court, as 
well as in discussions with World Bank and those during Environmental 
Clearance. If MWL was changed in 1983, why was the Court misled till 
mid-1995 by all the states and why is Gujarat still not openly saying this? 
Moreover why had Gujarat maintained that the height of the dam cannot be 
changed by the consent of states? Is this because while people are being 
rehabilitated only upto MWL 455 and backwater by all 3 states, Gujarat is 
silently constructing the dam upto MWL 460, as per the original design 
claiming there can't be any review of it's height?

The Supreme Court has implicitly accepted that changes can be made to the 
Tribunal through improper procedures in NCA meetings, while to the people 
it has said that the Tribunal is binding and can't be reviewed. The States 
and NCA should be taken to task for suppressing information on MWL change 
and giving false affidavits. By staying silent the states and the NCA 
cannot bypass the scrutiny of the people and this is further proof of why 
it is important to involve the people whose lives are at stake, in the 
review of the Narmada Tribunal and in its amendments.

It is now clear that mutually contradictory affidavits were given by the 
State Governments in the Supreme Court on the height parameters of the dam 
and modalities of changes that can be or already have been made on it thus 
causing serious doubt on their intent and integrity during the entire 
course of the court case. The Majority Judgement has been seriously misled 
by not taking cognizance of this grave violation. The fact of the matter is 
that the tribunal while arriving at its decision, grossly underestimated 
the submergence and hence its determination of the Sardar Sarovar Dam 
height needs to be reviewed.

NBA reiterate its earlier position that the Tribunal must be amended with 
public hearings, and no document which pertains to the lives and livelihood 
of millions can be kept removed from public and scientific scrutiny for 
such long unreasonable periods. NBA restates that pushing the project 
further ahead without a review of the dam design (for example the design 
continues to be according to the MWL at 460' though States themselves say 
MWL is changed) and without taking into account the actual displacement, 
will be a mockery of the modern science and a cruel game with millions of 
lives and their livelihoods.

(Sanjay Sangvai) (Joe Athialy)




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