In a illegitimate reversal of the decision dated 6th May 2011 of Union Ministry of Environment and Forests (MOEF), prohibiting any closure of the gates of the Maheshwar dam or submergence until completion of rehabilitation and resettlement, on 1st of May 2012, the MOEF has issued permission for the closure of the gates of the Maheshwar dam and for partial filling of the reservoir up to 154 meters. Thereby the MOEF ignored the glaring and undisputed and admitted fact that 85% of the 10,000 affected families of the 61 affected villages remain to be resettled and that no single land-holder has been allotted land and rehabilitated till date. The MOEF also ignored the fact that on the 27th of August 2011, the Company had illegally closed the gates of the dam and filled the waters up to 154 meters, because of which many fields and houses in the villages in the area were submerged, although the concerned properties were yet to be acquired and the concerned oustees rehabilitated and resettled. It is noteworthy that the entire area of the 61 villages affected by the Maheshwar dam is plain and is inhabited by large villages, with thousands of people, who are yet to be rehabilitated and resettled. If the gates are closed and the reservoir is filled, the lands and houses of thousands of families may be submerged and thousands of persons may lose their lives. The pumps and pipe-lines of these villages meeting their irrigation and drinking water needs will also be submerged if the gates are closed, because of which the irrigation and drinking water supply of thousands of families of the 61 villages who are yet to be rehabilitated will be disrupted. It is clear that this irrational and illegal decision of the MOEF, reversing its earlier decision not to allow closure of gates and submergence until the rehabilitation and resettlement is completed is due to political pressures at the behest of the private S.Kumars company building the dam. Since the Central Electricity Authority had authoritatively stated that no electricity can be provided to the grid by the Maheshwar power project at EL 154 meters, and has also stated that the cost of power from Maheshwar dam is Rs. 10 per unit, for which there are no takers, it is clear that no public interest is involved in the decision, and the S.Kumars are seeking impoundment only to achieve a fait accompli and so that the affected villagers flee without rehabilitation and resettlement, because of the threat of submergence. During the visit of the MOEF team, photographs of the closed gates were submitted to the team and villagers also testified to this effect. Revenue records and panchnamas made by the revenue officials which showed the submergence of many lands and houses at EL 154 meters at dam site on 27th of August 2011, were also inspected by the Ministry. However, ignoring all the glaring evidence on record, the MOEF based its order based on the false information given by the District Collector, and the State government contradicting their own revenue records that no lands and houses will be submerged if the reservoir is filled up to EL 154 meters. The MOEF Order states that the closure of the gates and the impoundment will be supervised by a team from the State and Central governments, and that the impoundment will be stopped if any submergence of lands and houses takes place. It is thus clear that the MOEF is itself aware that there will be submergence of houses and lands at EL 154 meters and its back-waters. It may be pointed out that the revenue records showed that in the monsoon of 2011, when the waters were impounded up to EL 154 meters, the back-water submergence in the further villages went up to 159 meters and may go up even more. However the State government has no estimate of the permanent or back-water submergence which will ensue from EL 154 meters at dam site. It is incomprehensible how in these circumstances, the MOEF can ignore facts on record, the precautionary principle which requires prior assessment of the impact by the authorities, and the fundamental rights of the oustees invcluding their right to Life, and permit submergence, by adopting the medieval method of impounding the waters and seeing if there is any submergence. On the 23rd of April 2010, the MOEF issued stop work order on the Maheshwar dam, on account of the fact that negligible R&R had been done. On 1st of October 2010, the MOEF issued a letter stating that almost no R&R has been done. On 6th of May 2011, the MOEF issued an order noting the poor progress of R&R and prohibiting any closure of gates until completion of R&R. The Order of the MOEF dated 1.05.2012, also directs the State government to intensify the R&R efforts. Thus there is no doubt that the private S. Kumars company SMHPCL who own the privatised Maheshwar dam are willfully denying rehabilitation and resettlement to the affected people, and are only interested in filling the dam. The thousands of affected families of the 61 villages are deeply shocked and angry at this illegal and irrational decision of the MOEF permitting submergence when R&R is yet to be done. A massive march will be taken out in Mandleshwar by the oustees on the 13th of May, 2012 to demand the withdrawal of this irrational decision. The oustees are resolved that if the MOEF does not withdraw its illegal decision, they will sit on their illegally submerging lands and houses in Jal satyagraha, but will not abandon their lands and homes, or flee without rehabilitated and resettled as desired by the S.Kumars. The march on the 13th of May will attended by supporters from all over the country including well-known Supreme Advocate Shri Prashant Bhushan, Magsayasay award winner Shri Sandeep Pandey, and representatives of other organizations and dams in the Narmada valley.