BANWASI SEVA ASHRAM versus STATE OF U.P. AND ORS.

BANWASI SEVA ASHRAM versus STATE OF U.P. AND ORS.

NTPC and State Government must ensure proper and adequate rehabilitation and compensation of evictees who were in actual physical possession of land/houses; the District Judge Sonebhadra is the final authority for determination of the list of evictees and compensation; rehabilitation measures including allotment of plots, allowances, employment and infrastructure must be implemented; compensation for crops at Rs. 850 per acre per year and for land at Rs. 10,000 per acre is to be paid; compensation orders are to be made under Section 17 of the Indian Forest Act as amended by U.P. Act 25 of 1965; petition disposed with directions.

Parties
Petitioner: Banwasi Seva Ashram; Respondents: State of U.P. and Ors.
Jurisdiction
India
Judgment Date
19 February 1992
Procedural Posture
Writ Petition (criminal) No. 1061 of 1982 / Final Disposition
Outcome
petition disposed of
Legal Topics
Rehabilitation of Evictees, Compensation, Public Interest Litigation, Land Acquisition for Development Projects
Constitutional Law Environmental Law Land Acquisition Rehabilitation Rehabilitation of Evictees Compensation Public Interest Litigation Land Acquisition for Development Projects

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Parties

Banwasi Seva Ashram

Petitioner

State of U.P. and Ors.

Respondents

Procedural Posture

Writ Petition (criminal) No. 1061 of 1982 / Final Disposition

Legal Issues

  1. 1 Rehabilitation and compensation measures for evictees from land acquired for Rihand Super-Thermal Power Project
  2. 2 Authority for determination of rights and compensation of evictees
  3. 3 Applicability of provisions concerning reserved forest lands

Ratio Decidendi

NTPC and State Government must ensure proper and adequate rehabilitation and compensation of evictees who were in actual physical possession of land/houses; the District Judge Sonebhadra is the final authority for determination of the list of evictees and compensation; rehabilitation measures including allotment of plots, allowances, employment and infrastructure must be implemented; compensation for crops at Rs. 850 per acre per year and for land at Rs. 10,000 per acre is to be paid; compensation orders are to be made under Section 17 of the Indian Forest Act as amended by U.P. Act 25 of 1965; petition disposed with directions.

Court Disposition

petition disposed of

Orders

  • NTPC to submit list of evictee-claimants to District Judge Sonebhadra before April 15, 1992.
  • District Judge Sonebhadra to finalize list of evictees.