2005 (3) TMI 761 - SC - Indian Laws

Whether there exists a distinction between temporarily and permanently affected persons in the NWDT Award as well as the judgment of this Court? Whether adult sons are entitled to a minimum of 2 hectare of land as per NWDT Award and judgment of this Court? Whether those adult sons who became landholders since their fathers passed away, are entitled to the benefit of alternate lands, in place of the acquired lands standing in the names of their deceased fathers?

Summary

Issues Involved:
1. Distinction between temporary and permanent affected persons in the NWDT Award and the judgment.
2. Entitlement of adult sons to a minimum of 2 hectares of land as per NWDT Award and judgment.
3. Entitlement of adult sons who became landholders since their fathers passed away to the benefit of alternate lands.

Detailed Analysis:

1. Distinction Between Temporary and Permanent Affected Persons:
The court examined whether there exists a distinction between temporarily and permanently affected persons in the NWDT Award and the judgment. Sub-clause IV (6)(ii) of Clause XI of the Award mandates that submergence would not be allowed until complete settlement and rehabilitation of oustees, including both permanently and temporarily affected persons. The state of Madhya Pradesh consistently maintained that no distinction exists between temporary and permanent affected persons. The award and subsequent reports by the Narmada Control Authority (NCA) also emphasized that no distinction should be made between temporary and permanent PAFs for the purpose of rehabilitation. The court concluded that all applicants, whether permanently or temporarily affected by submergence due to raising the dam height, are entitled to the benefit of the rehabilitation package.

2. Entitlement of Adult Sons to a Minimum of 2 Hectares of Land:
The court analyzed whether adult sons are entitled to a minimum of 2 hectares of land as per the NWDT Award and judgment. The definition of "family" in the award includes major sons, indicating they are entitled to separate holdings. The court noted that the state of Gujarat extended this facility even to unmarried daughters. The court emphasized that the definition of "family" should be read expansively, and major sons, being separate families, are entitled to the benefit of the rehabilitation scheme. The court rejected the contention that only major sons who were landholders in their own rights are entitled to land, affirming that all major sons within the definition of "family" are entitled to the rehabilitation benefits.

3. Entitlement of Adult Sons Who Became Landholders Since Their Fathers Passed Away:
The court considered whether adult sons who became landholders since their fathers passed away are entitled to the benefit of alternate lands. The court held that each of the applicants who became landholders due to the death of their fathers before the issuance of the notification are entitled to the benefits of the rehabilitation package. The court rejected the state's argument that some applicants might not have been major on the date of notification, as this contention was not raised before the GRA. The court directed that these applicants should be given the benefit of land allotment as per the rehabilitation scheme.

Conclusion:
The applications were disposed of with the directions that all affected persons, whether permanently or temporarily affected, are entitled to the rehabilitation package. Major sons, including those who became landholders due to the death of their fathers, are entitled to separate holdings of a minimum of 2 hectares of land. The court directed the state to allot suitable irrigable and cultivable lands to the applicants and ensure compliance with the rehabilitation provisions of the NWDT Award.