PR: High Court Issue Notices to GoMP, NCA, NVDA on Corruption in SSP Rehabilitation Process

-------- Original Message --------
Subject: [narmada_andolan] High Court Issue Notices to GoMP, NCA, NVDA 
on Corruption in SSP Rehabilitation Process
Date: Wed,  5 Mar 2008 02:46:48 -0800 (PST)
From: <medha@xxxxxxxxxxx>

NARMADA BACHAO ANDOLAN
62 Mahatma Gandhi Marg, Badwani, M.P.  Ph. 07290-222464, 09424855042,
nba.badwani@xxxxxxxxx
Maitri Niwas, Tembewadi, Dhadgaon, Nandurbar, Maharashtra. Ph: 02595-220620

Press Release: 5th March 2008


JABALPUR HIGH COURT STAYS PROCEDURES INITIATED BY NVDA AND ISSUE NOTICES 
TO  GOVT. OF MADHYA PRADESH, NVDA, NCA AND OTHERS ON THE FAKE REGISTRY CASES


VIOLATION OF THE NWDTA AND SUPREME COURT ORDERS AS A RESULT OF THE SPECIAL
REHABILITATION PACKAGE (SRP) BROUGHT TO COURT’S NOTICE

SHOCKING AND UNPRECEDENTED CORRUPTION IN SRP AND OTHER ASPECTS OF THE
REHABILITATION OF THE SARDAR SAROVAR DAM PROJECT AFFECTED FAMILIES (PAFS).

The Public Interest Litigation filed by NBA, Writ Petition No: 
14765/2007 filed on 16th October 2007 in Jabalpur High Court, was heard 
on 3rd March 2008. The Case is regarding the huge and unprecedented 
Corruption in all aspects of Rehabilitation process of Sardar Sarovar 
Dam affected families in Madhya Pradesh.

The nexus between the Narmada Valley Development Authority (NVDA) 
officials and contractors in the establishment of the rehabilitation 
sites has resulted in shoddy and uninhabitable preparation of R&R sites, 
thousands of eligible PAFs are left undeclared where as a few fraudulent 
persons got declared, the nexus between officials, agents and advocates 
leading to huge corruption and swindling of Public money meant for 
rehabilitation were pertinent issues raised by NBA.

The bench consisting of Chief Justice A K Patnaik and Justice Prakash 
Shrivastava heard the plea by Medha Patkar and gave the order, issuing 
notices to the respondents which include Chief Secretary, State of 
Madhya Pradesh, Chairman, Narmada Valley Development Authority, 
Chairman, Narmada Control Authority (NCA) (who is also Secretary to the 
Ministry of Water Resources, Secretary, Revenue Department, GoMP, 
Director General of Police, M.P., Inspector General, Stamps and 
Registration, M.P., District collectors of 5 districts such as Badwani, 
Dhar, Jhabua, Khargone and Dewas, to file their replies within a month.

The case was filed through Senior Adv. N S Kale, who is the same person 
 who pleaded the case of the illegal arrest of the ‘Taloon 
Satyagrahis’, where on 25th September 2007, the Jabalpur High court 
ordered the Govt. of M.P. to pay compensation of Rs.10,000/each to all 
the 91 activists arrested. Till date the government has not obeyed that 
order. In the current case, Medha Patkar herself stood for pleading 
urgency.

The Madhya Pradesh government policy has twisted and subverted the land 
and house based rehabilitation directives of the Narmada Water Disputes 
Tribunal Award (NWDTA) and made room for huge corruption. While there is 
no formal approval from Narmada Control Authority for the so called SRP, 
the NVDA proceeded with absolute neglect and contempt for legal and 
constitutional norms and rights of the PAFs.

The SRP-induced fake registries, where PAFs who were given cash for 
buying lands actually ended up giving commission to officials and dalals 
(middlemen), signing fake registries, facilitated a process where crores 
of rupees were amassed by officials and agents as commission, depriving 
PAFs of basic resource security and a better living condition after 
resettlement. The alarming fact is that all this money is from public 
exchequer and hence this illegal enrichment of government officials is 
not just a matter of routine corruption, but crime against the People 
and State both.

While FIRs were filed against PAFs and about 35 of them were arrested 
and later bailed out, except one, no action was taken against officials 
and their stooges, though notices were issued to 30 NVDA officials early 
on, but no action taken till date.

Out of a total of 2600 land registries claimed by NVDA as part of SRP, 
758 are already officially accepted by the government as fake 
registries, after preliminary enquiry by special departmental officers. 
NBA has demanded a CBI enquiry into the same.

However both NCA and NVDA have not yet understood the gravity of the 
situation as hundreds of fake registries are yet to see light. Out of 
the 2600 plus claims of land registries by NVDA only a few hundred are 
factually correct and legally valid ones. This means that SRP was an 
absolute failure with only a few hundred PAFs actually purchasing land 
with SRP. This is the reason why NBA always opposed SRP and demand land 
for land rehabilitation.

There are more stories of corruption in House Plot distribution as well 
as in the procedure of declaring PAFs. Thousands of genuine PAFs are 
still not declared while some illegal and fraud persons were declared 
and got PAF benefits.

This huge and unprecedented corruption is deplorable and is in utter 
violation of the Article 21 of the Constitution as also the NWDTA and 
Supreme Court orders. We pledge to continue to expose and tackle any 
form of corruption or misappropriation of public funds earmarked for 
rehabilitation of the PAFs.

The policy related matters are going to be pleaded and heard in the 
Supreme Court on 10th March 2008, where 6 cases are pending including 
the one filed by 10 eminent persons.

Meanwhile, the court has stayed the prosecution of the PAFs who were 
arrested in the fake registry cases on the basis of an interim 
application filed by NBA which pointed out that PAFs are being harassed 
and booked while the officials and their agents are going Scot free. We 
demand that a just and objective analysis of the situation need to be 
done urgently and all those who are responsible for harassing and 
playing with the life and future of the SSP affected families should be 
made accountable for this criminal onslaught on the farmers, adivasis, 
labourers, fish workers and others living in the Narmada valley and now 
being displaced by the Sardar Sarovar Dam.


Ashish Mandloi,   Clifton Rozario,   Kamla Yadav