Date: 13-05-2009


LEGAL UPDATE: SARDAR SAROVAR: CORRUPTION IN REHABILITATION

SUPREME COURT: NO CASH/CHEQUE DISBURSAL OF LIVELIHOOD GRANT
WITHOUT JHA COMMISSION'S SCRUTINY

HIGH COURT OF M.P. ORDERED 'RESPONSE AND PROMPT ACTION FROM THE
GOVERNMENT OF MADHYA PRADESH ON EVERY ASPECT OF CORRUPTION AND LEGAL VIOLATION'

'NARMADA CONTROL AUTHORITY DIRECTED TO FILE A SEPARATE AFFIDAVIT'

The Order of the Supreme Court dated 11-05-2009 and the Jabalpur High Court
Order are part of a series of orders that have been issued from time to time by
the Courts in the matter of rampant corruption in virtually every aspect of
rehabilitation of the Sardar Sarovar project affected persons. It is well-known
that Justice Shravan Shankar Jha Commission of Inquiry which was constituted by
the Order of the Jabalpur High Court dated 21-08-2008 is carrying on its
investigation into the hundreds of fake registries and corruption at the
resettlement sites. Now the Supreme Court has, while hearing an appeal filed by
the Government of Madhya Pradesh, stayed and modified the Order of the Jabalpur
High Court dated 24-04-2009 in which the High Court had issued a stay on the
cash and cheque disbursement of livelihood grant owing to corruption and a
Bench comprising Chief Justice of India Shri K.G. Balakrishnan, Justice P.
Sathasivam and Justice B.S Chauhan has now ruled that " hitherto no
rehabilitation grant - whether by cash or cheque-based shall be given without
the scrutiny of the Justice Jha Commission.

In the ongoing case on corruption, Narmada Bachao Andolan had, till May 12th,
2009 placed before the High Court additional documents on record and more
concrete examples of ongoing corruption in various aspects including house plot
allotment to PAFs, false claims of rehabilitation entitlement and
irregularities in the alternative livelihood grant disbursement for the
landless. The GoMP and the Narmada Valley Development Authority had filed some
response. Giving a prompt oral response in the Court itself, NBA affirmed that,
"the High Court itself has categorically recognized in its earlier order that
corruption in rehabilitation is infact leading to violation of the right to
life of the PAFs. The same is true of all areas of corruption". The Government,
on the other hand, is continuing with its approach of siding with the corrupt
and the guilty and infact intimidating those who are genuinely exposing
corruption. The Narmada Control Authority, which is an independent statutory
monitoring and regulatory authority has, till date, not filed any response /
affidavit in the case which is going on for almost 2 years, while the
Government is trying to debunk the evidences of corruption being exposed by
NBA.

Pronouncing yet another interim order, the High Court Bench comprising Chief
Justice A.K. Patnaik and Justice Ajit Singh directed that", Justice S.S. Jha
Commission shall, according to the directions of the Supreme Court, keep up its
role of monitoring and scrutiny in the disbursal of every kind of
rehabilitation grant and shall immediately begin investigation and take
appropriate action on all the cases of irregularities and corruption pointed
out by NBA to this Court. All the Respondents including the Government of
Madhya Pradesh and the Narmada Valley Development Authority shall file their
responses to all the Interim Applications filed by the NBA in detail and the
Narmada Control Authority shall file a separate affidavit and response".

Medha Patkar pleaded before the Court on behalf of the Narmada Bachao Andolan,
assisted by Advocate Abhijit Bhowmik and Ashish Mandloi. Counsel Shekhar
Bhargav pleaded on behalf of the State agencies. The matter has been posted for
19-06-2009.

Shrikanth                      Bhageerath Kavche              Bheeluram Yadav
(07290-222464)