NARMADA BACHAO ANDOLAN versus UNION OF INDIA AND OTHERS

Citation: [2017] 2 S.C.R. 407 · Decided: 08-02-2017 · Supreme Court of India · Bench: J.S. KHEHAR · Disposal: Disposed off

Judgment (excerpt)

(2017] 2 S.C.R. 407 
NARMADA BACHAO ANDOLAN 
v. 
UNION OF INDIA AND OTHERS 
(I.A.Nos. 42, 43, 50-5 I & 52-53) 
IN 
(Writ Petition (Civil) No. 328 of2002) 
FEBRUARY 08, 2017 
(JAGDISH SINGH KHEHAR, CJI, N. V. RAMANA 
AND DR. D.Y. CHANDRACHUD, JJ.] 
Constitution of India - Art. 142 - Implementation of Sardar 
Sarovar Project - Rehabilitation of the 'project affected families' -
Equitable settlement - Payment of compensation - On facts, 
Rehabilitation package offered to 4998 'project affected families' 
out of which 681 families (510 project affected families, which had 
originally opted for the 'Special Rehabilitation Package' plus 171 
families which had claimed land in lieu of land), yet to be 
compensated - In view thereof. issuance of direction to the 
concerned authority, to pay compensation to the 681 'project 
affected families', at the rate of Rupees sixty /akhs per family, as a 
matter of full and final settlement - Furthermore, 1358 families, out 
of the 4264 families which had received both installments, under 
the 'Special Rehabilitation Package', were duped - So as to alleviate 
their hardship, 1358 project affected families lo be further 
compensated - Issuance of directions to the concerned authorities 
to pay 1358 project affected families, Rupees fifteen lakhs per family, 
deducting the earlier installments made to suchfamilies -As regards 
the grievance with reference to the amenities postulated under the 
Narmada Water Disputes Tribunal Award, the same may be raised 
before the concerned Grievance Redressal Authority within the 
stipulated period - Thus, the said order is exclusively directed 
towards the resettlement and rehabilitation of the 'project affected 
families', in State of Madhya Pradesh - Direction issued to States 
of Gujarat and Maharashtra to conclude all the commuted 
resettlement and rehabilitation activities, in the re~pective States, 
within the stipulated period. 
407 
A 
B 
c 
D 
E 
F 
G 
H 
408 
SUPREME COURT REPORTS 
[2017) 2 S.C.R. 
A 
CIVIL ORIGINAL JURISDICTION: I. A. Nos. 42, 43, 50-51 
& 52-53 in Writ Petition (Civil) No. 328 of2002 
Under Article 32 of the Constitution of India 
WITH 
B 
SLP. (C) No. 7663 of 20 I 6. 
Mukul Rohatgi, AG., P. S. Patwalia, Tushar Mehta, ASGs, S. S. 
Shamshery, AAG., A. K. Ganguli, Mrs. V. Mohana,Ashok Desai, Arvind 
V. Savant, Sr. Advs., San jay Parikh, Clifton Doozario, Ms. Anitha Shenoy, 
Ms. Nini Susan Thomas, Ms. Surabhi Aggarwal, Ms. Srishti Agnihotri, 
C 
Prashant Bhushan, C. D. Singh, Ms. Sakshi Kakkar, Syed Naqvi, Rajesh 
Kumar, N. K. Karhail, Ms. Manila Venna, (For G. S. Makker), Ms. Kiran 
Bhardwaj, Raj at Nair, (For M. K. Maroria), Ms. Hemantika Wahi, Ms. 
Jesal Wahi, Ms. Mamta Singh, Nishant R. Katneshwarkar, Amit Sharma, 
An kit Raj, (For Mil ind Kumar), Advs. for the appearing parties. 
D 
Ms. Medha Patkar, In Person. 
E 
F 
G 
H 
The Order of the Court was delivered by 
JAGDISH SINGH KHEHAR, CJI I. We have heard this 
matter over a number of days. The instant exercise is being carried out, 
so as to arrive at an equitable settlement, for the rehabilitation of the 
'project affected families', consequent upon the implementation of the 
Sardar Sarovar Project. The figures, which we will indicate in our order, 
may be treated as tentative. It will be open to others similarly situate, to 
seek the same relief, by establishing their credentials (before the 
Grievance Redressal Authority). 
2. We are infonned, that rehabilitation packages, had to be offered 
to 4998 'project affected families' in the State of Madhya Pradesh. Out 
of these 'project affected families', 4774 families opted for the 'Special 
Rehabilitation Package', namely, they would accept cash payment as 
compensation, and would purchase land out of the said payment. The 
aforestated payment was to be made in two installments. The first 
installment would be spent as earnest money, and the second installment 
would constitute the final payment for executing the sale deed. Out of 
the 4774 families, who had opted for the 'Special Rehabilitation Package', 
4264 families are stated to have accepted, both installments. Out of the 
NARMADA BACHAO ANDOLAN v. UNION OF INDIA AND 
OTHERS [JAGDISH SINGH KHEHAR, CJ!] 
4998 'project affected families', according to the learned Attorney General 
(and the other learned counsel representing the concerned State 
Governments), 4264 have been fully compensated. These 4264 'project 
affected families' are not entitled to any further c

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