Supreme Court Directs Rehabilitation Measures for Evictees of Rihand Super-Thermal Power Project. Court mandates NTPC to ensure proper rehabilitation and compensation for affected families.

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Case Note & Summary

The case involved a public interest litigation concerning the rehabilitation of Adivasis and landholders affected by the Rihand Super-Thermal Power Project initiated by the National Thermal Power Corporation Limited (NTPC). The Supreme Court had previously issued directions on November 20, 1986, for the rehabilitation of the affected parties, which included appointing a Board of Commissioners to oversee the implementation of these directions. The NTPC sought to expedite the project and claimed possession of the land, which led to the monitoring of the rehabilitation process by the Court. The Court ultimately directed the NTPC to take specific measures to rehabilitate the evictees, including submitting a list of claimants to the District Judge, providing housing plots, financial allowances, and ensuring employment opportunities for the evictees. The Court emphasized the need for the District Judge to determine compensation for land and crops, and set deadlines for the completion of various rehabilitation measures. The Court concluded by mandating that the rehabilitation measures be fully complied with and that any disputes regarding compensation could be addressed through legal remedies. The final decision aimed to ensure that the rights of the oustees were recognized and adequately compensated.

Headnote

A) Public Interest Litigation - Rehabilitation of Evictees - Directions for Rehabilitation Measures - Public Interest Litigation - The Court directed comprehensive measures for the rehabilitation of evictees affected by the Rihand Super-Thermal Power Project, including land distribution, financial compensation, and employment opportunities. The NTPC was mandated to collaborate with the State Government to ensure proper implementation of these measures (Paras 1-13).

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Issue of Consideration

What measures should be taken for the rehabilitation of evictees affected by the Rihand Super-Thermal Power Project?

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Final Decision

The Supreme Court directed NTPC to implement comprehensive rehabilitation measures for evictees, including land distribution, financial compensation, and employment opportunities, while ensuring compliance with the directions issued by the District Judge Sonebhadra.

Law Points

  • Public Interest Litigation
  • Rehabilitation of Evictees
  • Compensation for Land Acquisition
  • Employment Opportunities for Evictees
  • Monitoring of Rehabilitation Measures
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Case Details

1992 LawText (SC) (02) 4

Writ Petition (Crl.) No. 1061 of 1982

1992-02-19

Kuldip Singh, P.B. Sawant, N.M. Kasliwal

1992 AIR 920, 1992 SCR (1) 857, 1992 SCC (2) 202, JT 1992 (2) 421, 1992 SCALE (1) 407

Prem Bhai, Prem Singh, M.K. Ramamurthi, B. Datta, Yogeshwar Prasad, Ms. Chandan Ramamurthi, M.A. Krishnamoorthy, Ms. Rachna Joshi, D.D. Sharma, A.S. Pundir, R.P. Srivastava, S.N. Terdol, Hemant Sharma, Ms. Anil Katiyar, C.V.S. Rao, Ms. Sangeeta Aggarwal

Banwasi Seva Ashram

State of U.P. and Ors.

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Nature of Litigation

Public Interest Litigation regarding rehabilitation of evictees

Remedy Sought

Rehabilitation measures and compensation for evictees

Filing Reason

Eviction of Adivasis and landholders due to the Rihand Super-Thermal Power Project

Previous Decisions

Comprehensive directions issued on November 20, 1986, for rehabilitation

Issues

Measures for rehabilitation of evictees Determination of compensation for land and crops

Submissions/Arguments

NTPC claimed possession of land for project completion Evictees argued for their rights and compensation

Ratio Decidendi

The Court emphasized the need for adequate rehabilitation and compensation for evictees affected by land acquisition for public projects, ensuring their rights are recognized and upheld.

Judgment Excerpts

The NTPC shall take, in collaboration with the State Government, the following measures to rehabilitate the evictees. The District Judge Sonebhadra shall be the authority to determine the compensation.

Procedural History

The writ petition was registered based on a letter from Banwasi Seva Ashram. NTPC was impleaded as a party and sought to expedite the project, leading to the monitoring of rehabilitation measures by the Court.

Acts & Sections

  • Indian Forest Act, 1927: Section 4, Section 20
  • Uttar Pradesh Act 25 of 1965: Section 17
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