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2008 Supreme(MP) 252
IN THE HIGH COURT OF MADHYA PRADESH
A. K. PATNAIK, C.J. AND AJIT SINGH, J.
Narmada Bachao Andolan
Versu
The State of M.P. and Anr.
W. P. No. 4457 of 2007
Devided on : 21-2-2008.
Ms. Chittroopa Palit, Alok Agrawal, for Petitioner; R. N. Singh and Arpan Pawar, (A.G. for No. 1) Ravi Shankar Prasad, Sr. Counsel with Mrs. Suparna Shrivastava (for No. 2) for Respondents.
The displaced families and encroachers are entitled to allotment of agricultural land as far as possible in terms of paragraphs 3 and 5 of the R and R Policy of 1993 as amended in 2002.
Headnote:
Whether displaced families from whom agricultural land is acquired and landless agricultural labourers are entitled to allotment of agricultural land?
Fact of the Case:
The petitioner, an organization working for the legal rights of oustee families affected by the large dams in the Narmada Valley, has filed this Public Interest Litigation for appropriate directions for the rehabilitation and resettlement of the oustee families of the Omkareshwar Project in the State of Madhya Pradesh.
Finding of the Court:
The Court held that the displaced families and encroachers are entitled to allotment of agricultural land as far as possible in terms of paragraphs 3 and 5 of the R and R Policy of 1993 as amended in 2002, and accordingly directed the respondent No. 1 to locate Government land or private land and allot such land as far as possible, to the displaced families and encroachers, if they opt for such land and refund 50% of the compensation amount received by them to be retained towards the installments of price of land and if they also agree to other terms stipulated in paragraph 5 of the R and R Policy of 1993.
Issues: 1. Whether displaced families from whom agricultural land is acquired and landless agricultural labourers are entitled to allotment of agricultural land? 2. Whether the displaced families and encroachers are entitled to allotment of agricultural land as far as possible in terms of paragraphs 3 and 5 of the R and R Policy of 1993 as amended in 2002?
Ratio Decidendi: 1. The Court held that the displaced families and encroachers are entitled to allotment of agricultural land as far as possible in terms of paragraphs 3 and 5 of the R and R Policy of 1993 as amended in 2002, and accordingly directed the respondent No. 1 to locate Government land or private land and allot such land as far as possible, to the displaced families and encroachers, if they opt for such land and refund 50% of the compensation amount received by them to be retained towards the installments of price of land and if they also agree to other terms stipulated in paragraph 5 of the R and R Policy of 1993. 2. The Court held that the displaced families and encroachers are entitled to allotment of agricultural land as far as possible in terms of paragraphs 3 and 5 of the R and R Policy of 1993 as amended in 2002, and accordingly directed the respondent No. 1 to locate Government land or private land and allot such land as far as possible, to the displaced families and encroachers, if they opt for such land and refund 50% of the compensation amount received by them to be retained towards the installments of price of land and if they also agree to other terms stipulated in paragraph 5 of the R and R Policy of 1993.
Final Decision: The writ petition was allowed with cost of Rs. 10,000/- to be paid by the respondents to the petitioner within a month from the date of the judgment.
A. K. PATNAIK, C.J. :- The petitioner, an organization working for the legal rights of oustee families affected by the large dams in the Narmada Valley, has filed this Public Interest Litigation for appropriate directions for the rehabilitation and resettlement of the oustee families of the Omkareshwar Project in the State of Madhya Pradesh.
Facts of the case
2. The background facts in short are that on 6th July, 1968, the State of Gujarat made a complaint to the Government of India under Section 3 of the Inter-State Water Disputes Act, 1956 stating that a water dispute has arisen between the States of Gujarat, Madhya Pradesh and Maharashtra over the use, distribution and control of water of Narmada, an inter-State river. The Central Government constituted the 'Narmada Water Disputes Tribunal' (for short 'the NWDT) for adjudication of the water dispute, by notification dated 6th October, 1969 and made a reference of the water dispute to the NWDT. The NWDT made an award, called, the 'Narmada Water Disputes Tribunal Award' (for short 'the NWDT award'). The NWDT award inter alia apportioned the utilisable quantum of Narmada water between the States of Madhya Pradesh, Gujarat, Rajasthan and Maharashtra and also provided inter alia for regulatory release to be made by the State of Madhya Pradesh for requirement of the Sardar Sarovar Project in Gujarat.
3. In November 1993, a detailed project report of the Omkareshwar Dam was prepared by the Government of Madhya Pradesh, Narmada Valley Development Department. In this Project report, Omkareshwar Dam is described as one of the series of major dams to be constructed across the Narmada River for generation of power and for irrigation from the regulatory releases of upstream reservoir which was to ensure supplementary releases to Gujarat to enable use of its share of water as per the directions in the NWDT award and the dam was to be constructed near Mandhata island in the Omkareshwar town in Khandwa district of Madhya Pradesh and was to submerge thirty villages in the area affecting thousands of families.
4. For rehabilitation and resettlement (R and R) of these project affected families, the Narmada Valley Development Department, Government of M.P. submitted in August, 1993 the R and R Plan to different agencies of the Government of India. By letter dated 8th October, 1993, the Government of India, Ministry of Welfare approved the R and R Plan of the Omkareshwar Dam submitted, by the Government of M.P. By letter dated 13th October, 1993, the Ministry of Environment and Forest accorded environmental clearance and by letter dated 22nd October, 1993, the Ministry of Environment and Forests also accorded forest clearance to the Omkareshwar Dam.
5. On 16th May, 2000, a Memorandum of Understanding (for short 'MOU') was drawn up between National Hydro-Electric Development Corporation (a Government of India Undertaking) and the Government of M.P. agreeing to set up a joint venture Company under the Companies Act, 1956 to complete and manage the dam and the power houses of the Indira Sagar and Omkareshwar Multipurpose Projects, and it was stipulated in the MOU that the joint venture Company would comply with the provisions of the NWDT award and the work of R and R of the oustees of the two projects would be the joint responsibility of the joint venture Company and the State of Madhya Pradesh. Pursuant to the MOU, the respondent No. 2 was incorporated as the joint venture Company and registered under the Companies Act, 1956 on 11th August, 2000 for managing the dams and power houses of the two projects. Clause 63 of the Articles
of Association of the respondent No. 2 Company stipulates that the respondent No. 2 Company would comply with the provisions of the NWDT award and Clause 64 of the Articles of Association of the respondent No. 2 Company stipulates that the work of R and R of the oustees of the two projects would be the joint responsibility of the respondent Nos. 1 and 2.
6. By letter d
