LexNARMADA BACHAO ANDOLAN versus STATE OF MADHYA PRADESH & ANR.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
(20111 s s.-c.R. 443 NARMADA BACHAO ANDOLAN v. STATE OF MADHYA PRADESH & ANR. (Civil Appeal Nos. 2082 of 2011) MAY 11, 2011 [J.M. PANCHAL, DEEPAK VERMA AND DR. B.S. CHAUHAN, JJ.] PLEADINGS: Pleadings...,. Writ petition by Narmada Bachao Ando/an, as public interest litigation - Held: A party has to plead its case and produce/adduce sufficient evidence to substantiate B c the averrnents made in the petition and in case the pleadings D are not complete, the Court is under no obligation to entertain the pleas - It cannot be said that the rules of procedural law do not apply in PIL - In the instant case, there were no pleadings before the High Court on the basis of which the writ petition could be entertained/decided - Thus, it was liable to E be rejected at the threshold for the reason that the writ petition suffered for want of proper pleadings and material to substantiate the avermentslallegations contained therein - Besides, there was no explanation as to under what circumstances the High Court had been approached at such F belated stage - In fact for redressal of any grievance regarding implementation of the Rehabilitation & Resettlement Policy, the oustees ought to have approached the Grievance Redressal Authority - High Court ought not to have examined any issue other than relating to rehabilitation i.e. implementation of the R & R Policy - Constitution of India, G 1950- Article 226 - Writ petition - Delay I Laches - Remedy - Alternate remedy - Public Interest Litigation. 443 H 444 SUPREME COURT REPORTS [2011] 6 S.C.R. A CONSTITUTION OF IND/A, 1950: Articles 21 and 14 - Hydro Electric Projects - Omkareshwar Dam in the basin of river Narmada - Land acquisition and rehabilitation of oustees - Rehabilitation and Resettlement Policy framed by state of Madhya Pradesh - B Providing for allotment of land and other benefits to oustees- Policy amended on 30. 7. 2003 providing that agricultural land would be offered to oustees 'as far as possible' - Expressions 'as far as possible' and 'rehabilitation' - Connotation of- Held: The R & R Policy or amendment thereto in 2003, has not C been under challenge. Relief not sought by the patty cannot be granted by the Court - However, in terms of the amendment dated 3. 7.2003, it is desirable for the authority concerned to ensure that as far as practicable persons who had been living and carrying on business or other activity on D the land acquired, if they so desire, and are willing to •· purchase and comply with the rf-quirements be given a piece of land on the terms settled with due regard to the price at which land has been acquired from them - However, the State Government cannot be compelled to provide alternate E accommodation to the oustees and it is for the authority concerned to consider the desirability and feasibility of providing alternative land considering the facts and circumstances of each case - In cerlain cases, the oustees are entitled to rehabilitation - Rehabilitation is meant only F for those persons who have been rendered destitute because of a loss of residence or livelihood as a consequence of land acquisition - The definition of "displaced family" cannot be read in isolation, rather it requires to be considered taking into account the eligibility criteria for allotment of land in Clause (5) of the R & R Policy - To that extent, the judgment of the G High Courl is liable to be set aside - The direction given by the High Courl in paragraph 64 (i) of the judgment, is modified to the extent that the displaced families who have not withdrawn SRG benefits/ compensation voluntarily and submit applications for allotment of land before the Authority H concerned, shall be entitled to the allotment of agricultural NARMADA BACHAO ANDOLAN v. STATE OF 445 MADHYA PRADESH land "as far as possible" in terms of the R & R Policy, and for A that purpose, the authorities must make some government or private land available for allotment to such oustees if they opt for such land and agree to ensure compliance with other terms and conditions stipulated therein - Maxims - "lex non cogit ad impossibilia" , "impossibilium nu/la obligatio est", 8 "impotentia excusat legem" and "nemo tenetur ad impossibilia". Articles 300-A and 21 - Compensation for property acquired and rehabilitation - c Concepts of - Explained. SOCIAL AND ECONOMIC JUSTICE: Rehabilitation and resettlement - Oustees of Omkarshwa
Excerpt shown. Read the full judgment & AI analysis in Lexace.