SC refuses to stay Jabalpur HC order on Indira Sagar canal
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Last Updated: Friday, December 18, 2009, 19:30
New Delhi: The Supreme Court today refused to stay the Jabalpur High Court order restraining the Madhya Pradesh government from further acquisition of land and carrying out of excavation and construction of canal work for Indira Sagar and Omkareshwar projects.

A Bench headed by Chief Justice K G Balakrishnan, however, issued a notice to Medha Patkar on whose petition the Jabalpur High Court had directed the MP government to stop further acquisition of land and carrying out of construction of canal and posted the matter for further hearing on January 19 next.

The MP government and the Narmada Valley Development Authority (NVDA) contended before the Bench, also comprising Justices B Sudershan Reddy and P Sathasivam, that no approval with regard to Command Area Development (CAD) Plan was required from the Ministry of Environment and Forest (MoEF).

Senior counsel Harsh Salve and Mukul Rohtagi, appearing for the MP government and NVDA, argued that the canal project affected displaced persons are not entitled to benefit of resettlement and rehabilitation benefits.

The Jabalpur High Court had on November 11 passed the order stopping government from acquiring further land and carrying out construction of canal until the CAD plans were scrutinised by a committee of experts and clearance was given in respect of each particular work.

Patkar had moved the High Court challenging the acquisition saying the government was not complying with Land Acquisition Act and also that the benefit under the rehabilitation policy for the Narmada Valley project was not extended to the canal project affected persons.


First Published: Friday, December 18, 2009, 19:30

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