The main legal point established in the judgment is the interpretation of the definitions of 'oustee' and 'family' under the NWDT Award and State Rehabilitation Policy, emphasizing the entitlement of each joint holder to rehabilitation benefits.

S.C. SHARMA, J.

1. Parties through their counsel.

Regard being had to the similitude in the controversy involved in the present cases, the writ petitions were analogously heard and by a common order, they are being disposed of by this Court. Facts of Writ Petition No.3586/2014 are narrated hereunder.

2. The petitioner No.1 before this Court State of Madhya Pradesh and one another have filed this present petition being aggrieved by order dated 16/03/2012 passed by President, Grievance Redressal Authority, Sardar Sarovar Project whereby the benefits of Rehabilitation and Resettlement (R&R) have been awarded to Khatedars/land holders including the major married daughter.

3. The contention of petitioners is that major married daughter does not fall under the definition of an oustee as she has not been displaced due to project and therefore, the impugned order is contrary to the provisions of NWDT award and the Rehabilitation and Resettlement Policy framed by the State Government.

4. The facts of the case reveal that the respondent Hirubai's father namely Keriya was having land admeasuring 1.77 hectares in Village Dehdala and it came under submergence. The name of Hirubai was recorded as Bhumiswami in the land records and thereafter, a notification was issued under section 4 of the Land Acquisition Act on 07/09/2001 and an award was passed in the name of Hirubai.

5. Hirubai filed an application before the Grievance Redressal Authority stating that she is a Bhumiswami / Khatedars as her father expired prior to notification dated 07/09/2001 and by virtue of being a tenure holder (Bhumiswami/ Khatedars), she is entitled for two hectares of land. The revenue records were placed before the Grievance Redressal Authority and record of rights (Khasras) reflects that the deceased Keriya was having three sons and daughters and the name of the daughter namely Hirubai finds place in the record of rights (Khasras).

6. Thus, it establishes that prior to issuance of notice under section 4 of the Land Acquisition Act on 07/09/2001; Hirubai was recorded in the record of rights (Khasras). The Grievance Redressal Authority, as the name of Hirubai was recorded prior to 07/09/2001 in the record of rights (Khasras) has arrived at a conclusion that she is entitled for two hectares of land, keeping in view the Rehabilitation and Resettlement Policy.

7. Heard learned counsel for the parties and perused the record.

8. The definitions of "oustee" and "family" given in Clause XI(1) of the NWDT Award as under:-

"Oustee" "An" 'oustee' shall mean any person who since at least one year prior to the date of publication of the notification under section 4 of the Act, has been ordinarily residing or cultivating land or carrying on any trade, occupation, or calling or working for gain in the area likely to be submerged permanently or temporarily."

I(3) "Family" "(i) A family shall include husband, wife and minor children and other persons dependent on the head of the family, e.g., widowed mother.

(ii) Every major son will be treated as a separate family."

9. The relevant part of Clause XI(IV)(7) is as follows:-

"IV(7) Allotment of Agricultural lands: Every displaced family from whom more than 25% of its landholding is acquired shall be entitled to and be allotted irrigable land to the extent of land acquired from it subject to a minimum of 2 hectares (five acres) per family."

10. In the Rehabilitation Policy of the State also the definitions of "displaced person" and of "family" and the Clause providing for allotment of agricultural land are as under:-

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