NARMADA BACHAO ANDOLAN AND ORS. versus UNION OF INDIA & ORS.

NARMADA BACHAO ANDOLAN AND ORS. versus UNION OF INDIA & ORS.

The Court held that the Rs 60 lakhs per family fixed by the order of 8 February 2017 constituted a comprehensive and final settlement for the 681 project affected families, incapable of being broken down into a per hectare determination, and therefore the miscellaneous application seeking modification to award Rs 30 lakhs per hectare for 4.293 hectares was dismissed.

Parties
Petitioner: NARMADA BACHAO ANDOLAN AND ORS.; Respondent: UNION OF INDIA & ORS.
Jurisdiction
India
Judgment Date
22 September 2022
Procedural Posture
Miscellaneous Application in Writ Petition (civil) No. 328 of 2002 / Application for Clarification/modification of Order Dated 08.02.2017; Disposed
Outcome
Miscellaneous Application dismissed
Legal Topics
Compensation Determination, Final Settlement Under Article 142, Clarification/modification of Judgment, Grievance Redressal Authority
Land Acquisition Rehabilitation and Resettlement Constitutional Law Administrative Law Compensation Determination Final Settlement Under Article 142 Clarification/modification of Judgment Grievance Redressal Authority

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Parties

NARMADA BACHAO ANDOLAN AND ORS.

Petitioner

UNION OF INDIA & ORS.

Respondent

Procedural Posture

Miscellaneous Application in Writ Petition (civil) No. 328 of 2002 / Application for Clarification/modification of Order Dated 08.02.2017; Disposed

Legal Issues

  1. 1 Whether the order dated 8 February 2017 fixing Rs 60 lakhs per family is susceptible to clarification or modification to award Rs 30 lakhs per hectare for the entirety of an affected holding of 4.293 hectares
  2. 2 Whether a comprehensive settlement figure determined under Article 142 can be broken down into a per hectare entitlement arising under the Tribunal Award and R&R policy

Ratio Decidendi

The Court held that the Rs 60 lakhs per family fixed by the order of 8 February 2017 constituted a comprehensive and final settlement for the 681 project affected families, incapable of being broken down into a per hectare determination, and therefore the miscellaneous application seeking modification to award Rs 30 lakhs per hectare for 4.293 hectares was dismissed.

Court Disposition

Miscellaneous Application dismissed

Orders

  • Miscellaneous Application No.2279 of 2018 dismissed
  • Applicants permitted to move the Grievance Redressal Authority for expeditious disposal where representations/applications are pending