Judgment

P. N. BHAGWATI, C.J.I. :- Mr. M. N. Shroff , learned Advocate appearing on behalf of the respondents has strongly pressed that the interim order of stay passed by us should be vacated since possession of land acquired by the State Government is required to be taken immediately as the area is going to be submerged by reason of the construction of a dam across river Karjanand unless possession of the land is taken it will not be possible for the State Government to proceed with the construction of the dam. We appreciate the anxiety of the State Government to take possession of the acquired land. We are also aware that the land has been acquired for an important public purpose. But at the same time we cannot overlook the human problem arising out of displacement of large number of tribals and other persons belonging to weaker sections on account of acquisition of land. We are, therefore, of the view that the interim stay may be vacated but subject to the following conditions : -

If any person in possession of acquired land or any part thereof is to be dispossessed of the land in his or her occupation it shall be done only in the presence of a Social Activist nominated by Shri