Background of the Sardar Sarovar Project and Displacement
The Sardar Sarovar Dam, constructed on the Narmada River, has been a focal point of development and controversy since its inception. While the project aimed to provide water and electricity to several states, it also led to the displacement of thousands of families, particularly in Madhya Pradesh and Maharashtra. The Narmada Water Disputes Tribunal Award stipulated that project-affected people must be awarded alternative land for rehabilitation.
Legal Proceedings and Court's Directive
On January 15, 2025, a division bench comprising Chief Justice Suresh Kumar Kait and Justice Vivek Rusia heard a petition filed by activist Medha Patkar on behalf of four displaced families, representing over 32,000 affected households. The petition sought a court directive for the state to complete the registration of houses and plots allotted to Sardar Sarovar affected persons in a time-bound manner, without levying registration costs and stamp duty, as per the Rehabilitation and Resettlement (R&R) Policy for Narmada Projects.
During the hearing, the court questioned the state's counsel, Anand Soni, about the reasons for the non-execution of property registrations. Soni requested time to obtain instructions and assist the court on the matter. The court granted this request and further directed the counsel to explain why registrations had not been executed for other allottees beyond the petitioners.
Advocate Medha Patkar's Submissions
Appearing for the petitioners, Medha Patkar highlighted that since 1994, displaced families were provided households at resettlement sites following Supreme Court orders. However, none had received official registration of house plots under the Land Revenue Board, despite an order in August 2017 mandating such action. Patkar emphasized that affected individuals had only been given allotment letters, lacking legal ownership documents, which hindered their ability to secure their livelihoods and access government benefits.
State's Objections and Court's Inquiry
The state's counsel raised objections regarding the maintainability of the petition, questioning the petitioners' antecedents and suggesting the matter pertained to private interests rather than public interest litigation. The counsel also mentioned the existence of a grievance redressal authority for such issues. In response, the court inquired about the petitioners' identities and the reasons for the state's failure to register the house plots in the names of the affected persons.
Implications of the Court's Directive
The High Court's directive to the state government signifies a critical step towards addressing the prolonged challenges faced by Sardar Sarovar Project affected families. The lack of legal registration of allotted plots has impeded these individuals from establishing permanent residences, accessing financial services, and integrating fully into new communities. The court's intervention aims to expedite the registration process, ensuring compliance with rehabilitation policies and safeguarding the rights of displaced persons.
Historical Context and Rehabilitation Challenges
The Sardar Sarovar Project has been marred by disputes and allegations of inadequate rehabilitation since its inception. Reports have highlighted that the project led to significant submergence and population displacement, particularly in Madhya Pradesh and Maharashtra. Despite the Narmada Water Disputes Tribunal Award stipulating alternative land for affected families, implementation has been fraught with delays and challenges.
Activists and affected individuals have long campaigned for transparency and accountability in the rehabilitation process. In 2016, Medha Patkar demanded that the report of the Justice Jha Commission, which investigated rehabilitation irregularities, be made public to address grievances of displaced persons.
Conclusion
The Madhya Pradesh High Court's recent directive underscores the necessity for prompt and effective action by the state government to fulfill its obligations towards Sardar Sarovar Project affected families. Ensuring the registration of allotted plots is not merely a bureaucratic formality but a crucial step in restoring the rights and dignity of displaced individuals. As the state prepares its response, it is imperative that the concerns of affected families are addressed with the urgency and seriousness they warrant, paving the way for their successful rehabilitation and integration into society.
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