S.B.SINHA, J. - (1.) INTRODUCTORY REMARKS :
(2.) SARDAR Sarovar Project (SSP) is one of the most ambitious multipurpose projects which on completion is expected to produce 1450 MW of power and supply water for irrigation and drinking purposes to areas not only in the riparian States including Kutch in the State of Gujarat but even in areas belonging to non-riparian State like Rajasthan. The multiple project by way of construction of a dam over the river Narmada began its journey in 1961. A large number of residents of the States of Madhya Pradesh, Maharashtra and Gujarat are affected by the said construction. The Government of India in exercise of its power conferred upon it under Section 4 of the Inter-State Water Disputes Act, 1956, constituted a Tribunal and made the following reference to it : "In exercise of the powers conferred by sub section (1) of Section 5 of the Inter-State Water Disputes Act, 1956 (33 of 1956), the Central Government hereby refers to the Narmada Water Disputes Tribunal for adjudication of the water dispute regarding the inter-State river Narmada, and the river-valley thereof, emerging from Letter No. MIP- 5565/C-10527-K dated 6.7.1968, from the Government of Gujarat".
(3.) ANOTHER reference by the Government of India was made on 16.10.1969. The State of Gujarat before the Tribunal admittedly made an offer that the oustees can be resettled and rehabilitated in the State of Gujarat wherefor a rehabilitation package would be granted if they opt therefor and in the event the oustees opt to stay back in their home State, the entire expenses for the purpose of rehabilitation shall be borne by the State of Gujarat.;