BANWASI SEVA ASHRAM versus STATE OF U.P. AND ORS.

Citation: [1992] 1 S.C.R. 857 · Decided: 19-02-1992 · Supreme Court of India · Bench: KULDIP SINGH, P.B. SAWANT, N.M. KASLIWAL · Disposal: Disposed off
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

• 
' 
BANWASJ SEVA ASHRAM 
v. 
STATE OF U.P. AND ORS. 
FEBRUARY 19, 1992 
[KULDIP SINGH, P.B. SA WANT AND N.M. KASLIWAL, JJ.] 
Public Interest Litigation: 
National 171ennal Power Co!]1oratio11: 
Rihand Super-Tllcrmal Power Project-Rehabilitation of evic-
tecs-Directions issued. 
A 
B 
c 
This Court, by its order dated 20.11.1986, while disposing of Writ 
Petition (Cr!.) No. 1061 of 1982, gave comprehensive directions for 
rehabilitation of Adivasis/landholders affected by the Rihand.Super-Ther-
D 
mat Power Project to be set up by the National Thermal Power Corpora-
tion Limited (NTPC), and appointed a Board of Commissioners to 
supervise the implementation of' the said directions. Since then this Court 
was monitoring the project. 
Disposing of the proceedings and the monitoring-process so far as E 
· the NTPC was concerned, this Court, 
HELO: 
In order to ensure that the rights of the oustees are 
determined in their respective holdings and they are properly and ade-
quately compensated, the NTPC shall take, in collaboration with the State 
Government, the follo,ring measures to rehabilitate the evictees who were 
in actual physial possession of the lands/ houses etc. : -
(i) The NTPC shall submit a list of the evictees-claimants to the 
District Judge, Sonebhadra who shall be the final authority to finalise the 
F 
~ 
G 
(ii) One plot of land measuring 60' x 40' to each of the evictee-families 
be distributed for housing purposes through the district administration. 
(iii) Shifting allowance of Rs. 1500 and in addition a lumpsum rent 
of Rs. 3000 towards housing be given to each of the evictee-families. 
H 
857 
A 
B 
c 
D 
858 
SUPREME COURT REPORTS 
[ l992] I S.C.R. 
. (iv) Free transportation shall be provided for shilling. 
(v) Monthly subsistence allowance equivalent to loss of net income 
from the acquired land to be determined by the District Judge Sonebhadra 
subject to a maximum of Rs. 750 for a period of 10 years. The said payment 
shall not be linked with employment or any other compensation. 
(vi) Unskilled and semi-skilled_ posts in the project shall be reserved 
for the evictees. 
(vii) The NTPC shall give preference to the oustees in employment 
in class Ill and IV posts under its establishment. 
(viii) The evictees be offered employment through the contractors 
employed by the NTPC. 
(ix) Jobs of contractors under the administration of the NTPC be 
offered to the evictees. 
(x) The shops and other business premises within the NTPC campus 
be offered to the evictees. 
(xi) 
The NTPC shall operate for the benefit of the evictees self-
E generating employment schemes such as carpentery training (free tools 
to be provided after completion of training) carpet weaving training, 
sericulture, masonary training, dairy farming, poultry farming and basket 
weaving training etc. 
(xii) The NTPC shall provide facilities in the rehabilitative area such 
F 
as pucca roads, pucca drainage system, handpumps, wells, portable water 
• 
'a" 
supply, primary school, adult education classes, health centre, Panchayat 
'-
G 
Bhavan, sports centres, electricity connections, bank and sulabh 
Sauchalaya complex etc. 
The Deputy Commissioner Sonebhadra shall supervise and ensure 
that the rehabilitation measures are fully complied with. 
(xiii) As regards compensation for crops ·and land, the provisional 
compensation at the rate of Rs. 850 per acre per year for crops and Rs. 
10,000 per acre for the land be paid to the oustees. 
H 
[pp. 861B-H; 862A-H; 863A-8] 
SEV A ASHRAM v. STA TE 
859 
• 
The District Judge, Sonebbadra shall be the authority to determine A 
the compensation.· The orders passed by the District Judge shall bj} 
treated as orders under s. 17 of the Indjan Forest Act, as amended by U.P. 
~ 
Act 25 of 1965. [p. 863B, F) 
i 
ORIGINAL JURISDICTION: Writ Petition (Cr!.) No. 1061 of 1982. 
B 
(Under Article 37 of Constitution of India) 
Prem Bhai and Prem Singh, Commnr. Supreme Court, Justice B.L. 
i,. 
Loombha, Chairman, Legal Aid, Advisory Board, U.P., M.K. Ramamurthi, 
B. Datta, Yogeshwar Prasad, Ms. Chandan Ramamurthi, M.A. Krish-
namoorthy, Ms. Rachna Joshi, D.D. Sharma, A.S. Pundir, R.P. Srivastava, c 
S.N.Terdol, Hemant Sharma, Ms. Anil Katiyar, C.V.S. Rao and Ms. San-
geeta Aggarwal for the appeari,ng parties. 
The following Order of the Court was delivered: 
On the basis of a letter received from Banwasi Seva Ashram operat- D 
ing in Mirzapur District of Uttar Pradesh Writ Petition (Criminal) No. 
106
Excerpt shown. Read the full judgment & AI analysis in Lexace.