Chaitra Krushna Dwadashi
Updates
New Delhi : The final hearing on Sethusamudram project commenced in the Supreme Court on Thursday with opponents of the project contending that the venture was cleared without a comprehensive assessment which involved demolition of "Ram Setu" having potential of being declared as ancient monument.
The first project of its kind in the world, requiring cutting across of the seabed, was granted green signal without comprehensive environmental impact assessment, risk evaluation and investigation to find out if Ram Setu or Adams Bridge was a man-made structure with religious faith attached to it, those opposing the scheme contended.
"The ASI should conduct intensive investigation to find out whether Ram Setu is a man-made structure or not," senior advocate KK Venugopal, appearing for former Tamil Nadu Chief Minister J Jayalalithaa and Dandi Swami Sri Vidyananda Bhartiji, a monk of Sankaracharya order, said opposing the Centre’s plea seeking vacation of the interim order directing it not to damage the Ram Setu.
"In the event of Ram Setu coming within the definition of monument after investigation, the Centre has a duty to declare it as a monument of national importance and the place as an archaeological site with the State Government having responsibility to protect it," he submitted before a Bench headed by Chief Justice KG Balakrishnan.
However, the Bench, also comprising Justices RV Raveendran and JM Panchal, wanted to know from those opposing the project whether any application was filed before the Archaeological Survey of India (ASI) for declaring Ram Setu as an ancient monument.
Janata Party President Subramanium Swamy and others, who have also challenged the project, replied in affirmative and said no decision has been taken yet by the ASI on the applications.petition signed by 35 lakh people was also submitted to the President, they said. Swamy said he had written a letter to the concerned Minister for declaring Ram Setu as ancient monument. Before the question was put up by the Bench, Venugopal had said the question of religious faith and sanctity attached with Ram Setu will not arise once the investigation by the ASI will prove that it was a man-made structure.
Further, for declaring the place as religious site it has to be established that people have religious faith — which only exists in an individual’s mind, he said. The senior advocate said just like it is a matter of faith that Christ was crucified in Golgotha Hills in Jerusalem and needs no verification, the belief and religious faith of 800 million Hindus are attached to Ram Setu.
Venugopal said the report of the Committee appointed by the Centre to review the project was inconsistent and clearly exposed a typical mindset. "What is stopping them from conducting an investigation through the ASI," he asked, contending that "there is a strong possibility that the structure was man-made."
"Development projects are necessary for the progress of the country but not at the cost of ancient culture and civilisation," he said, opposing the report of the Committee and Government’s stand for seeking clearance for going ahead with the Rs 2,087 crore project. Earlier, senior advocate Sriram Panchu, appearing for another petitioner O Fernandes, opposed to the project, also questioned the working of the expert committee. He said that instead of conducting the ground work on the feasibility of the venture, it was only advising how the project could go on in the present form.
"The expert committee should have reviewed the procedure for giving clearance to the project. In this case it has been advising as to how the project could go," he said. He said instead of Comprehensive Environment Impact Assessment, the project was cleared on the basis of Rapid Environment Impact Assessment and without any risk evaluation and disaster management plan at place.
Source: dailypioneer.com
SC to hear petitions against the Ram Setu Project
May 1, 2008
Chaitra Krushna Dashami
New Delhi: The Supreme Court will hear a number of petitions challenging the implementation of the Sethusamudram Project on the ground that implementing the project would damage the Ram Setu.
The court on Wednesday adjourned the hearing due to some confusion over the order on the hearing date, which mistakenly showed May 1.
A three-Judge Bench comprising Chief Justice KG Balakrishnan, Justice RV Raveendran and Justice JM Panchal agreed to hear the petitions on Thursday.
Earlier the apex court had on August 31, 2007 passed an interim order restraining the Centre from going ahead with the project, after Janata Party president Dr Subramanian Swamy had filed a petition saying the project would destroy the Setu.
Counsels appearing for the Centre, Fali Nariman and Additional Solicitor General R Mohan are seeking a court direction to vacate the interim order as Centre wants that the earlier order be modified and the project allowed to go on.
Senior counsel K K Venugopal pointed out that the petitions had been listed for final disposal and hence the entire matter should be taken up for hearing.
"This is a matter which affects 800 million people’s faith. People believe that the Ramar Setu is something which is built by the Gods. If the project is allowed to be continued and the Ramar Sethu is destroyed, the petitions would become infructuous,” he said.
Dr Swamy submitted that the Centre had admitted that the Ramar Setu was a place of worship and it was going to construct a gallery to enable people to offer worship.
He also said he had filed two applications, one to implead Union Shipping Minister T R Baalu and another seeking a direction to invalidate the project.
Source: www.ibnlive.com