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The Sardar Sarovar Dam Project


Description: The Sardar Sarovar Project has been one of the most debated development projects of the past several decades at both an international level and within India itself. Cullet's volume brings together all the key documents relating to the project: including those pertaining to World Bank loans, the judicial pronouncements of the Supreme Court and documents relating to specific local level issues - in particular environment and rehabilitation. The work includes an introductory section focusing on the history of the project, the involvement of the different actors, the impacts on the local population, and a general analysis of the controversy surrounding it.

In providing an easily accessible source for all the main documents relating to this landmark project, this compilation will be a valuable resource for researchers and policy-makers working in the areas of International Environmental Law and International Development Law.

About the Author/Editor:
Dr Philippe Cullet is Senior Lecturer in Law at the School of Oriental and African Studies, University of London, UK. He is also Programme Director of the International Environmental Law Research Centre, Geneva. He has published widely on aspects of International Environmental Law.


Contents: Acknowledgments ix

Abbreviations and Terms Explained x

Chronology xiii

Note on the Documents Reproduced xvii
1 The Sardar Sarovar Dam Project: An Overview

2 Early Documents and Decisions
Khosla Report, 1965
Narmada Water Dispute, Agreement between Madhya Pradesh,
Maharashtra, Gujarat and Rajasthan, 1974
Narmada Water Disputes Tribunal, Final Order and Decision of the
Tribunal, 1979

3 Clearances and Institutional Aspects
Clearances
Ministry of Environment and Forests, Environmental
Clearance, 1987
Ministry of Environment and Forests, Clearance for Diversion
of Forest Land, 1987
Parliamentary Questions on Environmental Impact
Assessment, 1993
Clearance of the Planning Commission, 1988
Institutional Aspects
Constitution of the Narmada Control Authority, 1980
Notification Setting up the Grievances Redressal Authority
of Madhya Pradesh, 2000

4 Drinking Water and Benefits to Drought-Prone Areas
Sardar Sarovar Project Benefits to Saurashtra and Kachchh
Areas in Gujarat, 1992
Narmada Control Authority, Drinking Water from Sardar
Sarovar Project, 1991
Kachchh Jal Sankat Nivaran Samiti v. Gujarat, 2005
vi The Sardar Sarovar Dam Project: Selected Documents

5 Documents Pertaining to the 1994 Writ Petition of the
Narmada Bachao Andolan
Supreme Court Order Restraining Further Construction
of the Dam, May 1995
Supreme Court Order Allowing Construction
up to 85 Metres, 1999
Affidavit of the State of Madhya Pradesh, 2000
Narmada Bachao Andolan v. Union of India, Majority
Judgment, October 2000
Narmada Bachao Andolan v. Union of India, Minority
Judgment of Justice S.P. Bharucha, October 2000
Narmada Bachao Andolan v. Union of India, Review Petition,
November 2000
Narmada Bachao Andolan v. Union of India, Supreme Court
Review Orders, March 2001

6 Resettlement 265
B.D. Sharma v. Union of India, 1991
Letter from the Secretary, National Commission for
Scheduled Castes and Scheduled Tribes, 1993
Pradip Prabhu v. State of Maharashtra, 1995
Narmada Bachao Andolan v. Union of India, (Petition 328
of 2002) Supreme Court Order, September 2002
Narmada Bachao Andolan v. Union of India, (Petition 328
of 2002) Supreme Court Order, April 2004
Order of the Grievance Redressal Authority,
Madhya Pradesh, 2004
Narmada Bachao Andolan v. Union of India, (Petition 328
of 2002) Supreme Court Judgment, March 2005
Special Rehabilitation Package
Narmada Valley Development Authority, Proposal for Amending
the Terms of Resettlement and Rehabilitation under the
Narmada Water Disputes Tribunal, 2001
Narmada Control Authority, Consideration of Proposal for Special
Rehabilitation Package, 2001
Narmada Valley Development Department, Terms of Special
Rehabilitation Package, 2001
Documents Relating to the Decision to Raise the Level of the Dam
from 110.64 to 121.92 Metres, 2006
Resettlement and Rehabilitation Sub-group, Clearance for
Construction up to 121.92 Metres, March 2006
Narmada Control Authority, NCA Decision, March 2006
Group of Ministers, Note on the Assessment of Resettlement and
Rehabilitation Sites and Submergence of Villages of the
Sardar Sarovar Project, April 2006
Union of India, Status of Resettlement and
Rehabilitation, April 2006
Status of Resettlement and Rehabilitation, Submission of Shri
Shanti Bhushan, April 2006
Supreme Court Order of 17 April 2006
Supreme Court Order of 8 May 2006
Shunglu Committee Report, July 2006
Supreme Court Order of 10 July 2006

7 Project Assessments
The Morse Report and Official Responses
Bradford Morse & Thomas R. Berger, Sardar Sarovar – Report
of the Independent Review, 1992
Letter from Mr Chitale, Secretary, Ministry of Water Resources
to Mr Vergin, World Bank Concerning the Morse Report, 1992
Government of Gujarat, Comment on the Report of the Independent
Review Mission on Sardar Sarovar Project, 1992
Reports of Other Organisations, Committees and Public Hearings
Report of the Five Member Group, 1994
Indian People’s Tribunal on Environment and Human Rights, 2000
Justice S.M. Daud Report, 2001
Jan Sunwai, 2002 395

8 Financial Aspects
Narmada River Development (Gujarat) Sardar Sarovar Dam
and Power Project – International Development Association
Loan Agreement, 1985
World Bank, Office Memorandum from Ibrahim Shihata to
Joseph Wood, 1993
World Bank – Project Completion Report, 1995
Operations Evaluation Department – Memorandum to Executive
Directors on the Sardar Sarovar Dam and Power Project, 1995

9 International Documents
Official Documents
International Labour Organisation Convention 107, 1957
ILO, Individual Observation Concerning Convention 107, 1998
ILO, Individual Direct Request Concerning Convention 107, 2005
Group of Ministers, Note on the Assessment of Resettlement and
Rehabilitation Sites and Submergence of Villages of the
Sardar Sarovar Project, April 2006
Union of India, Status of Resettlement and
Rehabilitation, April 2006
Status of Resettlement and Rehabilitation, Submission of Shri
Shanti Bhushan, April 2006
Supreme Court Order of 17 April 2006
Supreme Court Order of 8 May 2006
Shunglu Committee Report, July 2006
Supreme Court Order of 10 July 2006

10 Additional Resources
List of All Documents Reproduced in Chronological Order
Selected References on the Sardar Sarovar Project
Selected Internet Sites
Maps
Map 1. Area of the Sardar Sarovar Project
Map 2. Proposed Command Area of the Sardar Sarovar Project
Map 3. Proposed Coverage of Narmada Pipeline
Water Supply Project
Map 4. Sardar Sarovar Project Submergence Area
Index


Reviews 'The Sardar Sarovar Project is one of India's most important stories, with a relevance beyond the country's borders, but alas, memories are short and the relevant material becomes quickly unavailable. That is why this book is extremely important. Here, Philippe Cullet has brought together all the major documents relating to this fascinating and often disturbing story. This is a very valuable achievement, and I am sure that this is going to be a basic reference book for many years to come.' -Ramaswamy R. Iyer, New Delhi India. 'Lethal forms of developmentalism which cause as well as silence the voices of human suffering need careful archival as a resource for the renewal of human rights futures. This painstaking documentation speaks to us about the production of human rightlessness in the name of development and in so doing contributes to solidarity struggles against it. It should remain a compulsory reading both for the votaries and critics of development paradigms.' -Upendra Baxi, University of Warwick, UK.


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