Monday, August 4, 2014

Apex Court declines relief to NCA in transfer Petition case

Apex Court declines relief to NCA in transfer Petition case

For Immediate Release                                           4th August, 2014

Apex Court refuses to entertain Transfer Petition of NCA

7 years old PIL on corruption in rehabilitation
to be heard by the M.P. High Court

NBA granted liberty to challenge issue of Sardar Sarovar dam height raise before Supreme Court

In a significant development, a two judge bench of Hon’ble Supreme Court, comprising Justice T. S. Thakur and Justice Adarsh Kumar Goel today refused to entertain a Petition filed by the Narmada Control Authority to transfer a 7 year old PIL from the High Court of Madhya Pradesh to the Supreme Court.

The NCA, a monitoring authority under the Union Ministry of Water Resources had filed a Petition to transfer the Writ Petition No. 14765/2007, which was filed by Narmada Bachao Andolan, challenging the massive corruption in the resettlement and rehabilitation of the Sardar Sarovar project affected families.

The NCA also sought transfer of an interim Application by NBA which challenged the recent decision of NCA dated 12th June, 2014, on the raise in SSP dam height, till the Judicial Commission appointed by the High Court under Retd. Jst. S.S. Jha, which has been inquiring the corruption scandal for about 6 years submits its report to the High Court, and the High Curt issues further directions.

Refusing to transfer the entire Writ Petition on corruption from the High Court, to the Apex Court, the Division Bench directed that the High Court shall continue to hear the corruption matter, but not the issue of praise of the height of SSP.   With regard to the latter issue of raise in the height in the SSP, Bench granted liberty to NBA to approach the Supreme Court for suitable directions.

NBA shall continue to raise the issue of corruption in the rehabilitation before the High Court and challenge the illegal move to raise the height of SSP, along with other issues of rehabilitation before the Supreme Court and also at every fora. There are to this day 2.5 lakh oustees yet to be rehabilitated and thousands of un-rehabilitated families under the present dam height of 122 mts itself, who have become a victim of corruption and State neglect.

Medha Patkar, petition in person and Advocate Sanjay Parikh appeared for the Respondents – Narmada Bachao Andolan today. Shri Mukul Rohtgi, Attorney General of India and Syed Naqvi, Advocate appeared for the Union of India and Narmada Control Authority.

Pema Bapu                Meera


Ph: 09179148973 



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