Narmada yojana is an important multipurpose project . it possible does not violate fundamental right of any individual. why this judgment was given by the supreme court ? Discuss it
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CONCLUSION ON THE NBA According to one NBA partner, the campaign against the construction of dams on the Narmada According to one NBA partner, the campaign against the construction of dams on the Narmada River is ''symbolic of a global struggle for social and environmental justice,'' while the NBA itself is a ''symbol ........... ✨
1. The petitioner, an organization working for the legal rights of oustee families affected by the large dams in the Narmada Valley, has filed this Public Interest Litigation for appropriate directions for the rehabilitation and resettlement of the oustee families of the Omkareshwar Project in the State of Madhya Pradesh.
2. The background facts in short are that on 6th July, 1968, the State of Gujarat made a complaint to the Government of India under Section 3 of the Inter-State Water Disputes Act, 1956 stating that a water dispute has arisen between the States of Gujarat, Madhya Pradesh and Maharashra over the use, distribution and control of water of Narmada, an inter-State river. The Central Government constituted the 'Narmada Water Disputes Tribunal' (for short 'the NWDT') for adjudication of the water dispute, by notification dated 6th October, 1969 and made a reference of the water dispute to the NWDT. The NWDT made an award, called, the 'Narmada Water Disputes Tribunal Award' (for short 'the NWDT award'). The NWDT award inter alia apportioned the utilisable quantum of Narmada water between the States of Madhya Pradesh, Gujarat, Rajasthan and Maharashtra and also provided inter alia for regulatory releases to be made by the State of Madhya Pradesh for requirement of the Sardar Sarovar Project in Gujarat.
3. In November 1993, a detailed project report of the Omkareshwar Dam was prepared by the Government of Madhya Pradesh, Narmada Valley Development Department. In this Project report, Omkareshwar Dam is described as one of the series of major dams to be constructed across the Narmada River for generation of power and for irrigation from the regulatory releases of upstream reservoir which was to ensure supplementary releases to Gujarat to enable use of its share of water as per the directions in the NWDT award and the dam was to be constructed near Mandhata island in the Omkareshwar town in Khandwa district of Madhya Pradesh and was to submerge thirty villages in the area affecting thousands of families.
4. For rehabilitation and resettlement (R&R) of these project affected families, the Narmada Valley Development Department, Government of M.P. submitted in August, 1993 the R&R Plan to different agencies of the Government of India. By letter dated 8th October, 1993, the Government of India, Ministry of Welfare approved the R&R Plan of the Omkareshwar Dam submitted by the Government of M.P. By letter dated 13th October, 1993, the Ministry of Environment and Forests accorded environmental clearance and by letter dated 22nd October, 1993, the Ministry of Environment and Forests also accorded forest clearance to the Omkareshwar Dam.
5. On 16th May, 2000, a Memorandum of Understanding (for short 'MOU') was drawn up between National Hydro-Electric Development Corporation (a Government of India Undertaking) and the Government of M. P. agreeing to set up a joint venture Company under the Companies Act, 1956 to complete and manage the dam and the power houses of the Indira Sagar and Omkareshwar Multipurpose Projects, and it was stipulated in the MOU that the joint venture Company would comply with the provisions of the NWDT award and the work of R&R of the oustees of the two projects would be the joint responsibility of the joint venture Company and the State of Madhya Pradesh. Pursuant to the MOU, the respondent No. 2 was incorporated as the joint venture Company and registered under the Companies Act, 1956 on 11th August, 2000 for managing the dams and power houses of the two projects. Clause 63 of the Articles of Association of the respondent No. 2 Company stipulates that the respondent No. 2 Company would comply with the provisions of the NWDT award and Clause 64 of the Articles of Association of the respondent No. 2 Company stipulates that the work of R&R of the oustees of the two projects would be the joint responsibility of the respondent Nos.1 and 2.
6. By letter dated 15th May, 2001, the Planning Commission conveyed its acceptance for investment in the Omkareshwar Multipurpose Project in the State Plan with an estimated cost of Rs.1784.29 crores subject to the conditions enumerated in the Government of India's letter dated 13th October, 1993 according environmental clearance letter dated 22nd October, 1993 according forest clearance and letter dated 8th October 1993 according approval to the R&R action plan. By Office Memorandum dated 24th July, 2001, the Central Regulatory Authority of the Government of India also accorded approval to the revised estimated cost of the Omkareshwar Multi-purpose Project subject to fulfillment of inter alia the conditions that the respondent No. 2 shall get transferred the environment and forest clearances in their favour and also shall comply with the requirements stipulated by the Ministry of Environment and Forest in their clearances.
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