IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.1198 of 2010 (M/S) Tehri Bandh Prabhavit Sangharsh Samiti & another ………..Petitioners Versus State of Uttarakhand & others …….Respondents Shri B.S. Negi, learned counsel for the petitioner. Shri P.C. Bisht, learned Brief Holder for the State. Dated: 15th July, 2010 Hon’ble V.K. Bist, J. Heard learned counsel for the parties. Present petition has been filed by the petitioners for a direction to the respondents to take immediate steps in pursuance of the proposals/recommendations made in meeting dated 17.05.2006 (Annexure-1), 08.08.2009 (Annexure-2) and recommendation dated 26.02.2009 (Annexure-3) with regard to providing facilities/ compensation to the Gajara Kshetra, Pratapnagar, Tehri Garhwal. Further prayer has been made for a direction to the respondents to provide/ pay compensation of Rs. 1.25 Lacs per family to the Tehri Dam Project affected area i.e. Gajara Kshetra, Pratapnagar, Tehri Garhwal as per proposals/ recommendations during the pendency of present writ petition. Brief facts of the case, as narrated in the writ petition, are that about 100 of the villages of Vikas Khand, Pratap Nagar, District Tehri, and about 20 villages of Vikas Khand Dunda, Region Gajra were the most effected area of the submergence in Tehri Dam. 2 The main approach to the said villages has been totally submerged due to which the connectively of these villages were adversely affected and grave economical, sociological and geological problems are being faced by the residents of these villages and more than 22,000 families have lost all their means of livelihood and infact are struggling for their survival. On 17.05.2006, a meeting was held presided by Principal Secretary, Irrigation in which the problems/ difficulties being faced by the persons affected from the Tehri Dam Project were discussed. In the agenda of the meeting various proposals were given for the rehabilitation of the Pratapnagar and Gajara. The petitioners society through petitioner no.2 and other officials apprised the respondent authorities with the pathetic condition of the concerned affected area i.e. Gajra/Pratapnagar. The District Magistrate on 08.08.2009 held a meeting regarding the demands raised by the petitioners society and thereafter the minutes of the meeting and proposals made therein were also forwarded to the Under Secretary, Irrigation Department Uttarakhand, Dehradun vide letter dated 11.11.2009. The petitioners Samiti raised their demands in respect of betterment/ compensation to the effected families of the concerned area. The District Magistrate/Rehabilitation Director vide letter dated 26.02.2009 itself apprised the said demands to the Principal Secretary. In the said letter the District Magistrate recommended for three demands including providing Rs. 1.25 Lac per family of the effected area i.e. Gajra, Pratapnagar area Tehri Garhwal. But, till date the respondents have not taken any action with regard to the proposals/meetings dated 17.05.2006 and 08.08.2009 and inspite of recommendation made by the District Magistrate/ Rehabilitation Director, the affected families are not being paid the compensation amount i.e. Rs. 1.25 Lacs per family as proposed in the said meeting. Since, the District Magistrate/Rehabilitation Director has already written to the Principal Secretary of the State on 26.02.2009 for taking decision on the demands of the petitioners, in the interest of justice, it is directed that the Chief Secretary of the State Government or any other officer deputed by Chief Secretary shall take decision on the recommendation of the District Magistrate/Rehabilitation Director in accordance with law, preferably within a period of 6 months from the date of production of certified copy of the order. With these directions, the writ petition is disposed of. Interim Relief application no.5629 of 2010 also stands disposed of. (V.K. Bist, J.) Arpan 15.07.2010