Jabalpur: The High Court has challenged the decision to construct a dam under the Gond Major Irrigation Project in Madhya Pradesh’s Singrauli district. The Madhya Pradesh High Court has directed the state government to act in accordance with the provisions of the PESA (Panchayats Extension to Scheduled Areas) Act in notified areas. It was held that the government could not proceed with the construction of the dam without the approval of the Gram Sabha.
Petitioner Lolar Singh, who had the case represented by senior advocates Rameshwar Singh Thakur and Gudda Singh Udde, appeared in court. According to them, The state government gave administrative permission to the Gond Major Irrigation Project to build a dam over 34,500 hectares at the cost of around ₹ 1,100 crore. Petitioners have highlighted that the Supreme Court in the case of Odisha Mining Corporation, had put directions on the acquisition of land in notified tribal areas. The administrative approval under these guidelines must be accorded before the Gram Sabha concerned under the PESA Act. In this case, however, no such approval was given.
It ruled that the government cannot decide to launch construction without complying with the PESA Act and land acquisition laws, a division bench comprising Chief Justice Suresh Kumar Kaith and Justice Vivek Jain. The High Court also gave the petitioners the right to come to court again in the event that the government surrenders to the legal provisions.
Noteworthy was that the Singrauli dam project, with an investment of ₹1,100 crore, had been approved. However after the High Court’s order, the government is bound to make sure the project is performed in compliance with the legal as well as the procedural requirements.
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