The Planning Commission also approved investment to be made in Indira Sagar project on 6.9.1989.
The R R Policy of 1989 was introduced by the State of Madhya Pradesh for the oustees of submerged area in Narmada Valley projects.
The Ministry of Welfare, Government of India accorded clearance to the R R plan of Omkareshwar project on 8.10.1993.
A companyprehensive CAD plans for Omkareshwar project were sent to MoEF for clearance.
Environment Impact Assessment and Environment Management Plan reports were also submitted for Omkareshwar project to MoEF which also companytained the R R plan for the affected persons of the Omkareshwar project.
Similarly, by an administrative order environmental clearance for Omkareshwar project was granted by MoEF on 13.10.1993.
Land acquisition proceedings were initiated in year 1991 for canal companystruction under Indira Sagar project.
The MoEF issued statutory numberification under Section 3 2 of Environment Protection Act, 1986 hereinafter called the Act 1986 read with Rule 5 3 of the Environment Protection Rules 1986 requiring environmental clearance for development of project on 27.1.1994.
Dr. B. S. CHAUHAN, J. Leave granted.
This appeal has been preferred by the State of Madhya Pradesh and instrumentality of the State against the judgment and order dated 11.11.2009 in Writ Petition C No.6056 of 2009 of the High Court of Madhya Pradesh at Jabalpur, whereby the High Court has restrained the State of Madhya Pradesh or any other statutory authority of further acquisition of land or for any excavation or any companystruction of the canal network for the companymand areas of the Indira Sagar and Omkareshwar projects till the Command Area Development plans hereinafter called CAD Plans submitted to the Government of India, Ministry of Environment and Forest hereinafter called MoEF are scrutinized by the companymittee of experts and clearance is granted by the said Ministry.
The facts and circumstances giving rise to this appeal are That after companypleting the procedure prescribed for establishment of dams and irrigation projects, the project reports for Indira Sagar and Omkareshwar projects were prepared and submitted for clearance.
The appellant State Government has further been directed to provide rehabilitation and resettlement benefits under the Rehabilitation and Resettlement Policy hereinafter called RR Policy for Narmada Valley Projects to the canal affected persons families of Indira Sagar and Omkareshwar projects and the Narmada Control Authority hereinafter called NCA has been directed to ensure implementation of the aforesaid directions.
The environmental clearance for Indira Sagar project was granted by MoEF on 24.6.1987 by an administrative order.
