N. D. Jayal and Shekhar Singh Vs. Govt. of India and other cases, came for hearing on 6th January, 2012 but were not heard. The court fixed April 17, 2012 to be the next date for the final hearing.
It is to be remembered that a land mark judgement was passed by the Hon'ble Supreme Court on 3 November 2011. In its order Hon'ble Supreme Court directed the Tehri Hydro Development Corporation to give Rs102.99 crore to the State Govt. of Uttarakhand for the Rehabilitation of the Tehri Dam oustees. However, THDC is still trying to raise the water level of the Tehri Dam Reservoir to its full capacity. On behalf of the petitioners, Adv. Sanjay Parikh (who is fighting this case from 20 years), argued that rehabilitation is not just about giving a compensation amount, it is also the responsibility of THDC and State Govt of Uttarakhand. But, sadly, inspite of various orders passed by the Hon'ble court, both have failed to fulfill the responsibility of proper rehabilitation. Till when will the oustees wait for the rehabilitation?
JUSTICE R.M. Lodha stated that rehabilitation is not an issue of debate.
In the year 2010, due to heavy rainfall in the catchment area, THDC mislead the Hon'ble court by feigning a terror of flood in neighbouring plains like Rishikesh and Haridwar and succeeded in getting the permission to fill the Tehri Dam Reservoir upto 830 M, which was incorrect. Due to filling of the reservoir, the surrounding villages suffered from land slides. These villagers too, did not get the rehabilitation.
Sr. Adv. Mr. Colin Gonsalves, also informed the court that the proposed bridges and the rehabilitation work for the oustees below 825M have yet not been completed.
Dr. Rajiv Dhawan,Sr. Adv. (A.C.) too intervened bringing to light the fact that we were providing information from the ground while THDC showed only paper work. Situation of oustees from Bhakra to Narmada dams is still the same and Tehri dam is in the queue. In the process of making dams , Medha Patkar and Sunderlal Bahuguna were also misbehaved with. However, the rehabilitation has yet not been done.
JUSTICE R.M. Lodha stated that the judgement would be given after assessing the whole situation. He asked the state council of Uttarakhand to file a detailed, true status of rehabilitation and resettlement. HON'BLE MR. JUSTICE R.M. LODHA and HON'BLE MR. JUSTICE H.L. GOKHALE gave order:--
It is brought to our notice by Mr. H.P. Raval, learned Additional Solicitor General for THDCIL that the State Government of Uttrakhand, vide its letter dated October 25, 2011, had communicated to grant permission to raise the water level of Tehri Dam Reservoir up to R.L. 825M subject to the condition that an amount of 102.99 crores is paid immediately. Mr. Raval submits that within two weeks from today, the said amount (102.99 crores) shall be paid to the State Government.