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2006 Supreme(MP) 1041

DIPAK MISRA, SHANTANU KEMKAR
Narmada Bachao Andolan – Appellant
Versus
Narmada Hydroelectric Development Corpn. – Respondent


Advocates apperaed:
Miss. Chitraroopa Palit, for Petitioner; R. S. Prasad, Sr. Advocate with Mrs. Suparna Shrivastava, R. N. Singh, Advocate General and Arpan J. Pawar, Dharmendra Sharma, Assistant Solicitor with Rajneesh Upadhyay, for Respondents.

Judgement

DIPAK MISRA, J. :- The present litigation, a public interest one, frescoes a picture, paints a canvass and builds a pyramid to highlight that in a democratic welfare set-up, apathy and indifference cannot be shown or allowed to be projected on the bedrock that certain things are to happen for glow of life of the numerical strength making it spectacular by causing inexonerable predicament to others and burying the value of essentiality of life, and to make them disappear in the glorification of economic progress, augmentation of electricity and proliferation of industry. To put it differently, the whole scenario pertains to raising of the water level in Indira Sagar Project (earlier known as 'Narmada Sagar') situated in the district of Khandwa, the mother of all down stream projects including Sardar Sarovar Dam in Gujarat. As the construction of Indira Sagar Dam has become a fait accompli, the only issue that survives to be dwelled upon and addressed to is the pondage in the already built reservoir and the consequential submergence which as a natural corollary, an inevitable one, ushers in the conception of rehabilitation. On one hand there is accentuation on the imperative


























































































































































































































































































































































































































































































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