The tribunal permitted to fill up the reservoir at the dam site up to 154 m and commence generation of 40 MW electricity on trial basis for a period of three months.
"The decision of the Union Environment Ministry on May 1 was challenged by two affected persons Antar Singh and Sanjay Nigam in the Green Tribunal and it has overlooked two very serious facts while giving the judgement," NBA leader Alok Agrawal said during a media conference here.
He said last year on August 27, when the dam was filled upto a height of 154 metres, water had entered into the houses and agriculture fields and according to Central Electricity Authority (CEA), it is not possible to generate power from that water level.
NBA also claimed that this year also on August 7, when the dam level touched 154 metre mark, water entered in nearly 400 houses and fields in villages like Sulgaon, Pathrad, Behgaon and nearly nine others.
Till now the government and the promoters of the project Shri Maheshwar Hydel Power Corporation Ltd (SMHPC) have not paid any compensation to the affected persons, he claimed.
The current submergence has exposed the claim of the SMHPC on the issue, Agrawal said, adding it has violated the Supreme Court's conditional permission to the company based on the principle of rehabilitation before submergence.
The petitioner will move the court against the tribunal's decision and if any attempt is made to submerge the land and houses of the affected persons, then they will be compelled to launch 'Jal Satyagraha', he said.