Habitations of over four lakh people in three States, 8,000 acres of forest and 500 acres of wildlife sanctuary are on the brink of going under water because eight cases dealing with the Polavaram multi-purpose irrigation project are pending in the Supreme Court for years, giving the government enough cover to submerge lives and land without a thought of rehabilitation and re-settlement.
This is the focus of a PIL filed by NGO Rela before the Supreme Court. The petition highlights how prolonged delay by courts in deciding environmental cases is an open invitation for authorities to flout the law, resulting in disastrous results for both man and environment.
The urgency of the issue drew instant response from a Bench led by Justice Madan B. Lokur, which sought a response from the government.
The NGO alleged that while the Polavaram cases seeking justice against illegalities committed on the project-affected people remain part of the backlog in the apex court, the project, is being completed at a “rapid speed, day and night” by the Centre with the help of the Andhra Pradesh government. The project enjoys ‘National Project’ status.
Eight cases pending
“Eight cases are pending before the Supreme Court pertaining to illegalities in Polavaram Project for more than a decade. Due to pendency of cases in this court, the respondents (government), ingeniously hiding behind the camouflage of such pendency, have deliberately omitted to perform their responsibilities and obligations resulting in large scale destruction of environment, forest and irreparable loss to about four lakh people,” the petition contended.
The petition said no other fora were entertaining petitions in the Polavaram issue on the ground that the litigation was before the Supreme Court.
“Forums such as High Court of Odisha, National Green Tribunal, National Monitoring Committee, National Human Rights Commission are not entertaining the grievances of the project affected people. which denies the right to justice to these people,” the petition said. Meanwhile, the NGO, represented by advocates Nirup Teddy and Sravan Kumar, said the government has by-passed necessary environment, submergence, rehabilitation and resettlement norms in its rush to complete the dam by 2108 end.
The lawyers contended the project would displace persons in Andhra Pradesh, Telangana, Chhattisgarh and Odisha, and farmers in West Godavari and East Godavari districts of Andhra Pradesh.
Centuries’ old tribal sects such as Konda Dora, Koya, Reddiraju communities would vanish due to the unscientific execution of Polavaram project in violation of Article 21 and Schedule V of the Constitution, the petition said.
“Ministries have become silent spectators and are not protecting the environment and project-affected people,” the petition contended.
