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Cloud over credibility: SC finds fault with Medha Patkar’s NGO
The credentials of Medha Patkar’s NGO Narmada Bachao Andolan would remain forever under cloud after the Supreme Court on Thursday held that in future any case brought forward by the NGO should be viewed with “care and caution”.
A three-judge bench dealing with the plea of compensation for oustees of Omkareshwar Dam in Madhya Pradesh had led the court to focus on the conduct of the NGO which leveled serious allegations against the State Government of wrongfully acquiring land.
In May this year, the SC delivered its verdict upholding the State Government’s plea and instead found fault with the NBA for misrepresenting to the court. The court took note of the affidavits filed by the organisation which carried wrong facts. In view of the fact that it was misled, the court passed scathing observations damning the credibility of the NGO.
Taking exception to the remarks made against it, NBA had filed an application for modifying the judgment to the extent that the objectionable remarks should be removed. The bench of Justices JM Panchal, BS Chauhan and Deepak Verma said, “We modify our order to the extent that from the facts on record the inescapable conclusion is that the NBA has not acted with a sense of responsibility.”
Sharing its concerns for the poor oustees who live in pitiable conditions having little access to law due to the extent of backwardness, the court further stated, “We direct that in future if any case is presented to the Court by NBA, it may be treated with caution and care.” As in the given case, where the NBA filed an affidavit accusing the state of wrongfully acquiring 284 hectares of land, which on spot inquiry was proved wrong, the bench clarified that any comment or statement by the organization should be accompanied with an affidavit of responsible persons of the organization.
Ever since the construction of the Omkareshwar Dam started in 2003, the acquisition of five villages have remained in dispute. These include Dhardi, Nayapura, Guwadi, Kothmir and Narsinghpura. In October 2007, the Narmada Valley Development Authority (NVDA) ordered acquisition of 284.03 hectares of area which fell in these five villages. This was challenged before the MP High Court and got stayed by NBA.
Pursuant to it, the state government took a decision not to acquire the said land and instead provide all weather roads for uninterrupted traffic movement for trucks and other vehicles. Even this action was challenged by NBA and by an order of September 23, 2009, the HC directed the state government to provide relief and rehabilitation to all displaced persons in those five villages, forcing the state to approach the apex court.
A three-judge bench dealing with the plea of compensation for oustees of Omkareshwar Dam in Madhya Pradesh had led the court to focus on the conduct of the NGO which leveled serious allegations against the State Government of wrongfully acquiring land.
In May this year, the SC delivered its verdict upholding the State Government’s plea and instead found fault with the NBA for misrepresenting to the court. The court took note of the affidavits filed by the organisation which carried wrong facts. In view of the fact that it was misled, the court passed scathing observations damning the credibility of the NGO.
Taking exception to the remarks made against it, NBA had filed an application for modifying the judgment to the extent that the objectionable remarks should be removed. The bench of Justices JM Panchal, BS Chauhan and Deepak Verma said, “We modify our order to the extent that from the facts on record the inescapable conclusion is that the NBA has not acted with a sense of responsibility.”
Sharing its concerns for the poor oustees who live in pitiable conditions having little access to law due to the extent of backwardness, the court further stated, “We direct that in future if any case is presented to the Court by NBA, it may be treated with caution and care.” As in the given case, where the NBA filed an affidavit accusing the state of wrongfully acquiring 284 hectares of land, which on spot inquiry was proved wrong, the bench clarified that any comment or statement by the organization should be accompanied with an affidavit of responsible persons of the organization.
Ever since the construction of the Omkareshwar Dam started in 2003, the acquisition of five villages have remained in dispute. These include Dhardi, Nayapura, Guwadi, Kothmir and Narsinghpura. In October 2007, the Narmada Valley Development Authority (NVDA) ordered acquisition of 284.03 hectares of area which fell in these five villages. This was challenged before the MP High Court and got stayed by NBA.
Pursuant to it, the state government took a decision not to acquire the said land and instead provide all weather roads for uninterrupted traffic movement for trucks and other vehicles. Even this action was challenged by NBA and by an order of September 23, 2009, the HC directed the state government to provide relief and rehabilitation to all displaced persons in those five villages, forcing the state to approach the apex court.
