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2005 DIGILAW 752 (SC)

NETWORKING OF RIVERS, IN RE v. .

2005-04-08

P.P.NAOLEKAR, Y.K.SABHARWAL

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JUDGMENT : 1. We have perused the status report filed in the form of an affidavit of Shri M.S. Gupta, Senior Joint Commissioner (Basin Management), Ministry of Water Resources, Government of India. 2. Insofar as Ken-Betwa link is concerned, though the affidavit and the documents accompanying it state that the Principal Secretary, Government of Uttar Pradesh, would inform the decision of the Government by the end of January, 2005, we are told by the learned Solicitor General that the Government of Uttar Pradesh has conveyed its consent, subject to certain conditions, in particular the condition of funding. 3. The cost of preparation of the Detailed Project Report [for short, "D.P.R."] is proposed to be done from Central funding amounting to Rupees thirty crores. We take note of the fact that now a Memorandum of Understanding is required to be signed between the Government of Uttar Pradesh and the Central Government. 4. Insofar as Parbati-Kalisindh-Chambal link is concerned, the consensus group headed by the Chairman, Central Water Commission, held its meeting on 2nd November, 2004, and discussed the issues raised by the Governments of Rajasthan and Madhya Pradesh regarding Parbati-Kalisindh-Chambal link. The group submitted its report to the Ministry. The Governments of Rajasthan and Madhya Pradesh were asked to give concurrence for signing the Memorandum of Understanding so that the work for preparation of D.P.R. could commence. 5. It seems that certain issues are still to be sorted out with the State of Rajasthan even after the inter-State meeting of Chief Secretaries held on 11th January, 2005. We hope that the issues would be sorted out without the intervention of the Court. 6. It further appears that the feasibility reports of three other links in Peninsular component, namely Par-Tapi Narmada Link, Godavari (Polavaram)-Krishna (Vijayawada) link and Daman Ganga-Pinjal link, have been taken up for initiating action for consensus building. Annexure R-4 to the affidavit shows that the feasibility reports in respect of fourteen Peninsular component and two Himalyan components have been completed. 7. Mr. Prashant Bhushan, learned counsel, submits that despite the orders of this Court, only one feasibility report has been put on the website. 8. The order of the Court is clear and we direct its compliance in letter and spirit so that the feasibility reports shall be put up on the website soon after its completion. 7. Mr. Prashant Bhushan, learned counsel, submits that despite the orders of this Court, only one feasibility report has been put on the website. 8. The order of the Court is clear and we direct its compliance in letter and spirit so that the feasibility reports shall be put up on the website soon after its completion. One of the objects sought to be achieved is that the concerned environmentalists and others can put forth their view-point which can be considered. 9. The view-point can be placed before the Committee of Environmentalists, social scientists and other experts on inter-linking which has been constituted by the Government in terms of Office Memorandum dated 28th December, 2004. We feel that the Group shall also intimate and invite Mr. Ranjit Kumar, learned Amicus Curaie, by giving sufficient notice of the meeting. The concerned persons, above noted, can also bring their view-point before Mr. Ranjit Kumar as well. 10. The Office Memorandum dated 29th December, 2004 shows that the task force on inter-linking of rivers, having submitted its report, has been wound up with effect from 31st December, 2004 and a special cell is constituted to look after the residuary work of the task force and for taking follow up action on the inter-linking of river programmes under the Ministry of Water Resources. That special cell was earlier headed by a Joint Secretary but now in terms of Office Memorandum dated 15th February, 2005, it has been directed to be headed by the Commissioner (Project) in the said Ministry. 11. It may also be noted that the terms of reference of the Environmentalists Committee, above noted, seem to be quite comprehensive and that is the reason we have directed that all concerned may place their view-point before the said Committee. 12. The next status report be filed within three months. List the matters after three months.