"In Re : Networking Of Rivers" vs. . . . .

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

WRIT PETITION (Civil) NO.512 OF 2002

"IN RE : NETWORKING OF RIVERS"

(With appln(s) for intervention/impleadment) [For further orders]

With Writ Petition (C) No.668 of 2002 (With appln.(s) for directions)

Cont.Pet. (C) No.163/2005 in Writ Petiton (C) No.512 of 2002

Date: 08/08/2005 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE Y.K. SABHARWAL HON'BLE MR. JUSTICE G.P. MATHUR

Mr. Ranjit Kumar,Sr.Adv. (A.C.) Mr. Nikhil Nayyar,Adv. (A.C.)

For Petitioner(s)	By Post
In WP 668/2002:		Mr. Sudarsh Menon,Adv.
		Mr. Raj Nathan,Adv.
		Mr. M.P. Singh,Adv.
In Cont.Pet.:		Mr. Prashant Bhushan,Adv.
		Mr. Vishal Gupta,Adv.

Mr. Rohit Kumar Singh,Adv. Mr. Sumeet Sharma,Adv. Ms. Parul Kaur,Adv.

For Respondent(s) Mr. Sanjay R. Hegde,Adv. Ms. A. Subhashini,Adv. Mr. Aruneshwar Gupta,Addl.AG.,Rajasthan. Mr. Naveen Kumar Singh,Adv. Mr. Rituraj Biswas,Adv. Mr. Gopal Singh,Adv. Mr. Guntur Prabhakar,Adv.

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• Ms. Hemantika Wahi,Adv.

• Ms. Sandhana Sandhu,Adv.

• Mr. Boby Augustine,Adv.

• Mr. Rutwik Panda,Adv.

• Ms. Nandini Gore,Adv.

• Ms. Manik Karanjawala,Adv.

• Mr. Naresh K. Sharma,Adv.

• Mr. Vishal Gupta,Adv.

• Mr. Rohit Kumar Singh,Adv.

• Mr. Prashant Bhushan,Adv.

• Ms. Sheil Mohini Sethi,Adv.

• Mr. Tara Chandra Sharma,Adv.

• Ms. Neelam Sharma,Adv.

• Mr. Ashok K. Mahajan,Adv.

• Mr. G. Umapathy,Adv.

Mr. R. Ayyam Perumal,Adv.

Mr. S. Vallinayagam,Adv.

Mr. K.R. Sasiprabhu,Adv.

Ms. Indira,Adv.

Mr. G.E. Vahanvati,SG.

Mr. Navin Prakash,Adv.

Mr. Devadatt Kamat,Adv.

Mr. D.S. Mahra,Adv.

Mr. Shreekant N. Terdal,Adv.

Mr. Ranjan Mukherjee,Adv.

Ms. Krishna Sarma,Adv.

Mr. V.K. Sidharthan,Adv.

Mr. Riku Sharma,Adv.

for M/s. Corporate Law Group,Advs.

Mr. S. Wasim A. Qadri,Adv.

Mr. Kamlendra Mishra,Adv.

Mr. Rajeev Kumar Dubey,Adv.

Ms. Rashmi Singh,Adv.

Mr. U. Hazarika,Adv.

Mr. Satya Mitra,Adv.

Ms. Sumita Hazarika,Adv.

Mr. P.V. Yogeswaran,Adv.

Mr. Kh. Nobin Singh,Adv.

In-person

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Mr. S.S. Shinde,Adv. Mr. V.N. Raghupathy,Adv. Mr. Mukesh K. Giri,Adv.

• Mr. D.N. Goburdhun,Adv.
• Ms. Pinky Anand,Adv.
• Ms. Geeta Luthra,Adv.
• Mr. A. Mariarputham,Adv.
• Ms. Aruna Mathur,Adv.
• for M/s. Arputham, Aruna & Co.,Advs.
• Ms. Suparna Srivastava,Adv.
• Ms. Deepti Singh,Adv.
• Mr. Rajesh Srivastava,Adv.
• Mr. Satish K. Agnihotri,Adv.
• Mr. Rohit K. Singh,Adv.
• Mr. Amit Mishra,Adv.
• Mr. Manjit Singh,Adv.
• Mr. T.V. George,Adv.
• Ms. Sheil Sethi,Adv.
• Mr. J.S. Attri,AAG,HP.
• Ms. Rachana Srivastava,AAG.,Uttaranchal.
• Mr. R.K. Rathore,AAG.,Pb.
• Mr. Arun Kumar Sinha,Adv.
• Mr. Anis Suhrawardy,Adv.
• Mr. Prashant Bhushan,Adv.
• Mr. Vishal Gupta,Adv.
• Mr. Rohit Kumar Singh,Adv.
• Mr. Sumeet Sharma,Adv.
• Ms. Parul Kaur,Adv.
• Mr. Kumar Rajesh Singh,Adv.
• Mr. B.B. Singh,Adv.

UPON hearing counsel the Court made the following

O R D E R

Contempt Petition (C) No.163 of 2005:

The grievance made in this petition is that, de spite repeated orders of this Court, the respondents have not put the feasibility reports on website, except the feasibility report in respect of

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Ken-Betwa Link project. The orders that have been passed by this Court for putting the feasibility reports on website are dated 26th April, 2004, 1st November, 2004 and 8th April, 2005. The advantage of putting the said reports on website has also been indicated in the order dated 8th April , 2005. With reference to the orders earlier passed, it was directed on 8th April, 2005, that feasibility reports shall be put on website soon after its completion. Pursuant to the order dated 8th April, 2005, Mr. K. Vohra, Senior Joint Commissioner (Basin Management), Ministry of Water Resources, has filed a status report in the form of an affidavit in respect of some of the links. It is stated that the Government of Gujarat has not agreed to put feasibility report on the website and the response of other

concerned State, namely, Maharashtra, is awaited. This is in respect of Par-Tapi Narmada and Damanganga-Pinjal links. We fail to understand, where was the necessity for the Government of India to ask any other authority or State Government for its agreement for placing the feasibility reports on website when specific orders have been passed by this Court. If Government of India or any State had any difficulty in implementing the direction of placing the feasibility reports on website, it was open to them to approach this Court and seek further directions. Nothing of the kind has been done by any of the parties or the Government.

Mr. Goolam E. Vahanvati, learned Solicitor General, states that

it appears that the feasibility report of Parbati Kalisindh-Chambal link project has also been put on website recently. At present, though we are not inclined to take any action as sought for in this contempt petition in view of the submission of the learned Solicitor General that there was some confusion in the mind of some officers

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in respect of the direction made for putting the feasibility reports on website, we direct that all such feasibility reports, which are ready an d complete, shall be put on website without reference to any person or authority and without any further delay. This would dispose of the contempt petition.

In respect of Parbati Kalisindh-Chambal link, the affidavit shows that the matter has already been discussed at the level of Consensus Building Group. It is pointed out that the Chief Ministers of the States of Rajasthan and Madhya Pradesh are expected to meet shortly and discuss various issues. In respect of Ken-Betwa link, from the affidavit, it appears that though the Government of Madhya Pradesh has given its consent, the Government of Uttar Pradesh has not even responded. Reference in this affidavit has been made to the letter written on 19th May, 2005. It is stated that the response from the State of Uttar Pradesh is still awaited. The

learned counsel for the State of Uttar Pradesh is present but without any instructions. We direct the State of Uttar Pradesh to cooperate in the matter. For the present, we say no more. Further, it has been brought to our notice by the learned Solicitor General that papers for convening the meeting of the Committee of Environmentalists, Social Scientists and other experts have been processed and it is expected that a date for the s aid

meeting will be fixed shortly of which sufficient notice would be given to Mr. Ranjit Kumar, learned Amicus Curiae.

In respect of Godavari (Polavaram)-Krishna (Vijayawada) Link, Damanganga-Pinjal Link and Par-Tapi Narmada Link, it has been stated in the affidavit that sixth meeting of 'Consensus Group' was held on

13th May, 2005, representatives of various

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states and officers from the Central Water Commission and National Water Development Agency participated and certain points were placed, which have been indicated in the affidavit. A meeting of that Consensus Group is stated to be now fixed for 23rd August, 2005.

In view of the aforesaid, we direct that the matter shall be listed again in the month of November, 2005, and status report be filed within three months from today.

[ T.I. Rajput ] [ V.P. Tyagi ]

Court Master Court Master