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MP HC CJ resolves to address concerns of canal affected farmers
Thursday December 19, 2013 7:20 PM, Pervez Bari, ummid.com

The new Chief Justice of Madhya Pradesh High Court, Justice A.N. Khanvilkar, expressed an initiative to resolve all the outstanding issues of two public interest petitions on the Omkareshwar (OSP) and Indira Sagar Canals (ISP) within the framework of law.

The issues involved are: non-compliance with the directions of the Supreme Court, recommendations of the Expert Committees of the Union Environment Ministry, lack of rehabilitation, severe crop loss in dozens of villages due to water logging and muck disposal and lack of compensation for the same, lack of dialogue and use of police force on aggrieved farmers etc.

According to Narmada Bachao Andolan Press release Chief Justice A.N. Khanvilkar, along with Justice Shantanu Kemkar has been hearing two public interest petitions on the Omkareshwar (OSP) and Indira Sagar Canals (ISP) since yesterday.

One of these was filed in March, 2013, on behalf of thousands of canal–affected families (CAFs) many of those are already seriously affected by the canal network.

This petition raises serious issues of social and environmental impacts, lack of rehabilitation, unnecessary excavation of canals in irrigated villages, severe crop losses etc.

The other petition was filed by one Virendra Patidar, complaining of slow work, illegalities by the contractor, corruption, impacts of water logging in the 1st Phase of the Omkareshwar Project.

The Chief Justice questioned the state authorities on the issue of project delay yesterday. There was a dispute over the government's claims that 95 per cent of work in the Right Bank Canal, (RBC), and 80 per cent work in Left Bank Canal, (LBC), of Omkareshwar was complete.

Since the counsel and Superintending Engineer could not convince the Court, Rajnish Vaish, Principal Secretary of the Narmada Valley Development Department, was summoned in the Court today and questioned on delay in the project work, status of overall canal works including construction.

Referring to the people's agitation being shown as a 'barrier', by the state, the CJ asked as to why will people agitate if their issues are solved and demands met within the framework of law.

Even the Principal Secretary, did not give a complete and correct account of the construction as also compliance on other legal measures including environmental measures and rehabilitation. He questioned the same on the basis of field level reality, upon which the CJ directed him to place his statement on affidavit tomorrow.

The CJ also asked the Principal Secretary as to whether there were financial constraints and directed him to consult the Chief Secretary and file an affidavit with details.

The hearing shall continue tomorrow as well in the Court of the Chief Justice at Indore. Medha Patkar pleaded on behalf of the canal-affected farmers. Adv. Dharmedra Chelawat appeared for the petitioner in the other case, Mr. Virendra Patidar. (pervezbari@eth.net)


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