NARMADA BACHAO ANDOLAN versus UNION OF INDIA AND OTHERS

NARMADA BACHAO ANDOLAN versus UNION OF INDIA AND OTHERS

The Supreme Court, exercising powers under Article 142 of the Constitution, directed payment of compensation to 681 families who had not received compensation (either opted for Special Rehabilitation Package but were unpaid, or sought but did not receive land) at Rs. 60 lakhs per family as full and final settlement, and additionally directed payment of Rs. 15 lakhs per family (after deducting earlier compensation paid) to 1358 families identified by the Jha Commission as being 'duped' and unable to purchase land due to intervention by middlemen and systemic failure. The judgment is confined to resettlement and rehabilitation in Madhya Pradesh and provides a mechanism for residual...

Parties
Petitioner: Narmada Bachao Andolan; Respondent: Union of India; Respondents: State Governments (Madhya Pradesh, Gujarat, Maharashtra)
Jurisdiction
India
Judgment Date
08 February 2017
Procedural Posture
Writ Petition and Interim Applications (civil) Under Article 32 of the Constitution of India / Final Order/disposal After Hearing
Outcome
Writ petition and connected IAs disposed of with directions; consolidated order issued under Article 142 with explicit directions for compensation and rehabilitation.
Legal Topics
Article 142 of the Constitution, Rehabilitation and Resettlement, Compensation to Project Affected Families, Implementation of Sardar Sarovar Project
Constitutional Law Land Acquisition Human Rights Administrative Law Article 142 of the Constitution Rehabilitation and Resettlement Compensation to Project Affected Families Implementation of Sardar Sarovar Project

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Parties

Narmada Bachao Andolan

Petitioner

Union of India

Respondent

State Governments (Madhya Pradesh, Gujarat, Maharashtra)

Respondents

Procedural Posture

Writ Petition and Interim Applications (civil) Under Article 32 of the Constitution of India / Final Order/disposal After Hearing

Legal Issues

  1. 1 Whether the project affected families (PAFs) of Sardar Sarovar Project are entitled to compensation and further rehabilitation measures under the Constitution and Narmada Water Disputes Tribunal Award
  2. 2 Appropriate quantum and mechanism for such compensation to the un-compensated and 'duped' PAFs

Ratio Decidendi

The Supreme Court, exercising powers under Article 142 of the Constitution, directed payment of compensation to 681 families who had not received compensation (either opted for Special Rehabilitation Package but were unpaid, or sought but did not receive land) at Rs. 60 lakhs per family as full and final settlement, and additionally directed payment of Rs. 15 lakhs per family (after deducting earlier compensation paid) to 1358 families identified by the Jha Commission as being 'duped' and unable to purchase land due to intervention by middlemen and systemic failure. The judgment is confined to resettlement and rehabilitation in Madhya Pradesh and provides a mechanism for residual...

Court Disposition

Writ petition and connected IAs disposed of with directions; consolidated order issued under Article 142 with explicit directions for compensation and rehabilitation.

Orders

  • 681 project affected families in Madhya Pradesh to be paid Rs. 60 lakhs per family (full and final settlement).
  • 1358 duped families to be paid Rs. 15 lakhs per family (after deducting previous instalments).