State Of M.P vs Behru Singh & Ors

3. The material factual details of these two appeals have a prolonged history giving rise to a labyrinth of litigation which emerged as a consequence of displacement of large number of persons from a massive area of agricultural and homestead land which were in occupation of the oustees/displaced persons, due to land acquisition which was done for the purpose of construction of Man Dam on the tributary of Narmada River in the State of Madhya Pradesh. This had given rise to the filing of several other writ petitions in the High Court of Madhya Pradesh in the past which gave rise to the appeals reaching even upto this Court and are reported in (2000) 10 SCC 664, (2005) 4 SCC 32 and (2011) 7 SCC 639 which are commonly referred to as Narmada Bachao Ist judgment, Narmada Bachao IInd judgment and Narmada Bachao IIIrd judgement.

4. But before we discuss the relevance and implications of these judgements on the instant appeals, it would be relevant to 2 relate the historical background of the matter giving rise to a spate of litigations in the High Court of Madhya Pradesh. In this context, it may be stated that a detailed Project Report (DPR) for the construction of `Man Dam' on the tributary of Narmada River at Village Jirabad, Tehsil Gandhwani, District Dhar, having a total submergence area of 1168.67 hectares in 17 villages of Tehsil Dhar and Gandhwani, District Dhar, M.P. was submitted in July, 1982. A Rehabilitation and Re-settlement (R & R) was framed by the State of M.P. for the project affected families (PAF) and oustees of Narmada Project including `Man Dam'. This R & R policy was later on amended several times in which the latest amendment was made in the year 2003. The Planning Commission of India accorded investment clearance for the `Man Project' out of total submergence area of 1168.67 hectares and 584.646 hectares of private land was acquired by invoking the provision of Land Acquisition, 1894. In the construction of the `Man Dam' which took place between the year 1991-1994, 1266 families were affected, out of which 448 families lost their land. Out of these 448 families, 62 families opted for land as per the policy and they were given land in the year 1994 itself. The remaining 386 families accepted full cash compensation in terms of Clause 5.1 of R & R policy.

8. Still further on 19.3.2009, the State of Madhya Pradesh filed its reply in the writ petition No.48/2004 submitting the status with regard to the rehabilitation of 448 families who had lost their land in submergence. In the affidavit, the State of Madhya Pradesh submitted that out of 448 families, 386 families accepted the full cash compensation as per R & R Policy and remaining 62 who demanded land, have been allotted land in the year 1994 itself. Out of these 386 families, 337 families accepted SRG and out of remaining of 49 families 26 families approached GRA for allotment of land but their claim was rejected as they have already accepted full cash compensation. Thereafter, on 1.5.2009, the State of Madhya Pradesh filed further affidavit in the writ petition No. 48/2004 wherein it was clarified that the cash compensation was given to the land holders in 1995 with the 6 direction to the bank to initially disburse only 50 per cent of the amount , with the balance 50 per cent being payable only after obtaining an order in that behalf from the concerned Land Acquisition Officer.

17. It appears that the controversy did not set at rest even after this judgment as writ petition No. 48/2004 was filed by the respondent-Bheru Singh and others by way of a public interest litigation and the said writ petition was disposed of by judgment and order dated 11.8.2009 which is under challenge herein issuing certain directions quoted hereinbefore. As already stated, the State of Madhya Pradesh is aggrieved by some of the directions recorded 12 hereinbefore and the oustees- Bheru Singh and others also are aggrieved in view of some other directions quoted hereinbefore. As such they have also filed an appeal arising out of SLP(C) No. 10163 of 2010. But this contention of the Respondent-Bheru Singh and Ors. who are Petitioners/Appellants in their appeal are common which shall be recorded and dealt with later at the appropriate stage.

The learned Judges have been pleased to hold that:

50. As a consequence of the above analysis, deliberation and consideration, the appeal arising out of special leave petition(c) No.30685/09 of the State of Madhya Pradesh stands allowed and the appeal arising out of special leave petition (c) 10163/2010 of the oustees is disposed of with liberty to the respondents-oustees to approach the GRA or the Appellate Forum of GRA in case they have been deprived of adequate compensation or benefit in any manner which is not in consonance with the R & R Policy. We further grant liberty to the respondents including the social activist-Respondent No.3 to take up the matter before the Government of M.P. for rectification or further amendment of the Policy in case they are able to establish and make out a case that the revision of R & R Policy 2003 still further requires rectification or improvement as there can be no limitation of 44 time for reviewing or reframing a Policy decision if it has to serve the cause of eradicating human suffering specially if it has emerged as a consequence of the state activity like the land acquisition where the affected parties lost their home and cultivable land. However, under the circumstance, there shall be no order as to costs.