Chhattisgarh approaches SC against Polavaram dam

31 August 2011
press trust of india
NEW DELHI, 31 AUG: Chhattisgarh government has filed a petition in the Supreme Court seeking its directions to restrain Andhra Pradesh from continuing construction of a dam on the river Godavari at Polavaram, saying the clearances given to the project are illegal and the project threatens the environment and tribals of the state.
Chhattisgarh is the second state after Orissa to move the apex court against the Polavaram project by AP government.
“The project will threaten valuable ecology and wildlife. The project will bring misery to thousands of tribals by submerging more than 300 villages in Andhra Pradesh, Chhattisgarh and Orissa,” Chhattisgarh government said.
The state contended around 2015.52 hectares of land falling in South Bastar, Dantewada in Chhattisgarh will be submerged by the dam and the environment clearances have been granted to the project without conducting public hearings in the area.
“Chhattisgarh is a tribal state. A very large population of tribals will be displaced due to submersion of areas. The area is a notified area under Schedule-V of the Constitution and therefore the permission of Gram Sabha is required under the PESA (Panchayat Extension to the Scheduled Areas Act),” the petition filed through advocate Mr Atul Jha said.
“In this regard, it may be noted that the ministry of tribal affairs, in its order dated 17 April, 2007, granting clearance to the Polavaram Project has noted that there had not been any consultation with the Gram Sabhas in the affected areas in the states of Chattisgarh and Orissa,” it added.
Chhattisgarh has sought “removal of all structures related to the Polavaram project”.
It pleaded the environment clearance, forest clearance, resettlement and rehabilitation clearance and Central Water Commission's clearance granted to the project should be declared illegal and null and void.
“The project proposals were suitable in the times when it was conceived (in 1978). But over the years, many changes have taken place in the society and its priorities. The proposed displacement of such a huge population and settlement is likely to cause degradation in their lives,” it said.
In its petition, Chhattisgarh questioned the legality of the Polavaram project saying its construction is in “blatant violation” of laws as well as the 1978 and 1980 agreements between Andhra Pradesh, Maharashtra and Madhya Pradesh and the final award of 7July, 1980, passed by the Godavari Water Disputes Tribunal.
“CWC (Central Water Commission) and the Ministry of Tribal Affairs have shown complete disregard to the Godavari Water Dispute Tribunal (GWDT) Award, 1980, and to illegally facilitate the construction of Polavaram dam at the cost of state of Chhattisgarh,” it said. “The Ministry of Tribal Affairs gave clearance on such a project formulation which are not part of GWDT Award. Therefore, the order dated April 17, 2007 (granting clearance) issued by the Ministry of Tribal Affairs is erroneous and needs to be cancelled,” it added.