Case Note & Summary
The dispute arose from the Narmada Water Disputes Tribunal's 1979 order regarding the resettlement and rehabilitation of project affected families due to the Sardar Sarovar Project. The petitioner sought clarification on a Supreme Court order dated 8 February 2017, which determined compensation for affected families at Rs 60 lakhs per family. The applicant argued that her entitlement was for 4.293 hectares of land, thus claiming a higher compensation based on the Tribunal's award. The High Court dismissed her writ petition, affirming the Rs 60 lakhs compensation as final. The Supreme Court, upon reviewing the application for modification, emphasized that the earlier order represented a full and final settlement and was not open to further interpretation. The Court noted that the compensation was determined in the context of resolving ongoing litigation and was not intended to be revisited. The application was ultimately dismissed, and the Court directed the Grievance Redressal Authority to expedite any pending applications from the affected families.
Headnote
A) Constitutional Law - Article 142 Jurisdiction - Finality of Compensation Determination - Article 142 of the Constitution of India - The Court held that the compensation package of Rs 60 lakhs per family was a comprehensive settlement and not subject to further breakdown or modification. The application for clarification was dismissed as it sought to alter the finality of the earlier order (Paras 27-29).
Issue of Consideration
Whether the directions in the order dated 8 February 2017 are susceptible to clarification or modification regarding compensation entitlement.
Final Decision
The Supreme Court dismissed the Miscellaneous Application for clarification/modification, affirming the finality of the compensation order dated 8 February 2017, which set compensation at Rs 60 lakhs per family.
Law Points
- Article 142 of the Constitution
- resettlement and rehabilitation
- compensation determination
- finality of tribunal awards
