BALAK RAM AND ORS. Vs. SATLUJ JAL VIDYUT NIGAM LTD., THROUGH ITS MANAGING DIRECTOR, NATHPA JHAKARI POWER PROJECT AND DGM (DR&R), NATHPA JHAKARI POWER PROJECT

JUDGEMENT

(1.) THE petitioners have approached this Court praying for writ directing the respondents to implement Annexure P -1, which is a policy of Rehabilitation and Re -settlement for project affected families formulated by Nathpa Jhakri Hydro Electric Power Project. What is not disputed before me is the fact that the land of the petitioners has been acquired by respondent No. 1. It is also not disputed that during the pendency of this petition each of the petitioner was granted land equivalent to that which has been acquired. Initially, there was some dispute regarding suitability of the land but now it is the admitted case of the parties that each of them granted land which is suitable. A sum of Rs. 2,00,000/ - each has also been paid by the respondents which fact is accepted by the parties. The respondents urge that the amount has been paid to the petitioner in settlement of all the claims. No vacancy exists with the respondents against which the petitioners can be provided employment. Annexure P -1, is a scheme for rehabilitation and resettlement for project affected families of Nathpa Jhakri Hydro Electric Project. According to clause 2.1.1 each project affected family which is rendered landless on account of acquisition of land was entitled to develop agricultural land, equivalent to the area acquire or five bighas, whichever is less. This five bighas of land include any land left with the family after acquisition. The grant was to be made after certificate is issued/attested by Sub Divisional Magistrate, Rampur justifying this fact. Clause 2.2.1 provides:

(2.) IN support of his contention, learned counsel appearing for the petitioners placed reliance upon the decision of the Supreme Court in Samatha versus State of A.P. and others, : (1997) 8 SCC 191 holding:

(3.) ON these principles, learned counsel submits that enforcement of clause for rehabilitation is mandatory and there can be no deviation in its implementation. Learned counsel submits that the amount of Rs. 2,00,000/ - is a meager amount and it is the employment which the petitioners seeks for amelioration of their condition.