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Narmada Bachao Andolan Case Decison on May 11 2011 by Supreme Court of India Over Land Acquisition Matter

Narmada Bachao Andolan Case Decison on May 11 2011 by Supreme Court of India Over Land Acquisition Matter

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Land Acquisition
Land Acquisition

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07/10/2011

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ReportableIN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTIONCivil Appeal No. 2082 of 2011
 Narmada Bachao Andolan ....Appellant
Versus
 
State of Madhya Pradesh & Anr. ....Respondents
WITHCivil Appeal Nos.2083-2097 of 2011
State of Madhya Pradesh ....Appellant
Versus
 Narmada Bachao Andolan & Anr. ...Respondents 
ANDCivil Appeal Nos. 2098-2112 of 2011
 Narmada Hydro-Development Corporation ...Appellant
Versus
 Narmada Bachao Andolan & Ors. …Respondents
WITHCivil Appeal No. 2115 of 2011
 
State of Madhya Pradesh ..Appellant
Versus
 Narmada Bachao Andolan & Anr. ..Respondents
ANDCivil Appeal No. 2116 of 2011
 Narmada Hydro Electric DevelopmentCorporation Limited ..Appellant
Versus
 Narmada Bachao Andolan & Anr. ..Respondents
J U D G M E N TDr. B. S. CHAUHAN, J.
1.All these appeals relate to the establishment of theOmkareshwar Dam on the Narmada river in Madhya Pradesh. Asthese appeals are inter-connected and have been filed against interimorders passed by the High Court in the same writ petition, they have been heard together and disposed of by a common judgment.However, for convenience Civil Appeal Nos. 2115-2116 of 2011 aredealt with first.
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Civil Appeal Nos. 2115-2116 of 2011
2.These appeals have been preferred against the judgment andorder dated 21.2.2008 passed by the High Court of Madhya Pradesh atJabalpur in Writ Petition No. 4457 of 2007, ‘Narmada BachaoAndolan v. State of Madhya Pradesh & Anr.’, wherein the High Courtas an interim measure, has issued directions,
inter-alia,
for allotmentof agricultural land to the displaced persons in lieu of the landacquired for construction of the dam in terms of the Rehabilitationand Resettlement Policy (hereinafter called as ‘R & R Policy’) asamended on 3.7.2003. The High Court direction applied even to thoseoustees who had already withdrawn the compensation, if such ousteesopt for such land and refund 50% of the compensation amountreceived by them. The balance cost of the allotted land would bedeposited by the allottees in 20 equal yearly installments as stipulatedin clause (5.3) of the R & R Policy, and to treat a major son of thefamily whose land has been acquired as a separate family for the purpose of allotment of agricultural land.
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