1. Provision of relief and rehabilitation facilities for project-affected families under the NWDT Award. (Para 1 , 3 )
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1998 Supreme(SC) 429
SUPREME COURT OF INDIA
NARMADA BACHAO ANDOLAN
Vs.
Union of India
Decided on March 31, 1998
The court emphasized the importance of complying with the norms prescribed by the NWDT Award in providing civic amenities and completing the resettlement and rehabilitation without any hindrance.
Headnote:
Civic Amenities - Resettlement and Rehabilitation - The court addressed deficiencies in providing civic amenities at relief and rehabilitation sites for project-affected families, emphasizing the need to comply with the norms prescribed by the NWDT Award.
Fact of the Case:
During the hearing, concerns were raised about deficiencies in providing civic amenities at relief and rehabilitation sites for project-affected families, and the celebration of the stoppage of work by the petitioners.
Finding of the Court:
The court emphasized the importance of completing the resettlement and rehabilitation without any hindrance and discouraged actions that could delay the process.
Issues: Deficiencies in providing civic amenities, celebration of stoppage of work, and ensuring completion of resettlement and rehabilitation.
Ratio Decidendi: The court stressed the need to address deficiencies in providing civic amenities and discouraged actions that could hinder the completion of resettlement and rehabilitation.
Final Decision: The matter was listed for directions on a future date, and the parties were directed to take necessary steps to address the deficiencies and ensure completion of the resettlement and rehabilitation.
Legal Category Hierarchy
Table of Contents
2. State governments report deficiencies in civic amenities at rehabilitation sites and concerns regarding activities hindering the completion of rehabilitation work. (Para 1 , 2 , 3 )
3. Interim orders are intended to aid justice and must not be exploited to obstruct the completion of rehabilitation projects. (Para 2 )
4. Judicial interim orders must be used to aid justice and cannot be exploited to obstruct the completion of rehabilitation projects. (Para 2 )
5. Directions to remove civic amenity deficiencies at rehabilitation sites and an order prohibiting activities that obstruct the completion of rehabilitation work. (Para 1 , 2 , 3 )
6. Can interim orders be used to justify actions that obstruct the completion of a project?
No. Interim orders are meant to aid justice and cannot be exploited by any party to obstruct the completion of rehabilitation sites or discourage project-affected families from availing facilities. (Para 2 )
7. What is the obligation of the State regarding rehabilitation sites under the NWDT Award?
The State is obligated to ensure that all civic amenities, as envisaged by the NWDT Award, are provided and any deficiencies in such amenities are removed. (Para 1 , 3 )
( 1 ) DURING the course of hearing, Mr Narirnan, learned Senior Counsel appearing for the State of Gujarat, referred us to a compilation containing the details at the Randr sites for the project-affected families of Madhya Pradesh, resettled in Gujarat. After perusing some of the charts relating to different Randr sites out of the 41 relief and rehabilitation sites, he submitted that it appeared to him that there were still some deficiencies in providing civic amenities at those relief and rehabilitation sites as per the norms prescribed by the NWDT Award. These deficiencies, it was submitted, were found particularly in the matter of providing primary schools, dispensaries, drinking and other water and children parks. Mr Nariman submitted that he shall identify all such deficiencies in different Randr sites and file a composite chart in this court and that the State government shall take steps to remove those deficiencies so that all civic amenities, as envisaged by the NWDT Award are made available at the earliest. He, therefore, requested for a short adjournment.
( 2 ) MR Nariman brought to our notice that the petitioners have celebrated the "4th anniversary of the stoppage of work" and submitted that this type of celebration comes in the way of completing the Randr and encourages the PAFs not to avail of the Randr facilities. If what Mr Nariman has stated is correct, it is unfortunate. The interim orders made by this court are meant to be in aid of justice. The orders of this court cannot be permitted to be exploited by anybody. The petitioners shall henceforth see that no such action is taken by them which comes in the way of completing the Randr at the sites and no celebrations of the type mentioned by Mr Nariman are undertaken. Mr Prashant Bhushan appearing for NBA assures us that the petitioners shall not directly or indirectly give any cause for concern by this court.
( 3 ) MR Andhyarujina, learned Solicitor General appearing for the State of Maharashtra, submits that the Randr facilities in the State of Maharashtra have been provided as per the norms prescribed by the NWDT Award, except for some minor deficiencies in the matter of irrigation facilities, dispensaries and appointment of teachers in the primary schools. He submits that remedial steps shall be taken to overcome all these deficiencies and an affidavit shall be filed in this court before the next date of hearing. Let the needful be done.
( 4 ) LIST the matter on 16/4/1998 at 3. 00 p. m. for directions.
COURT Masters
