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2008 DIGILAW 489 (SC)

Narmada Bachao Andolan v. Union of India

2008-03-10

J.M.PANCHAL, K.G.BALAKRISHNAN, P.SATHASIVAM

body2008
ORDER : 1. Pursuant to the directions to the NCA to look into various problems regarding rehabilitation, it is now stated that out of the 4453 PAFs, 4239 have opted for special rehabilitation package. Only 214 remain to be allotted. It is further stated that though some of the PAFs have accepted the first instalment and produced the document in the form of a statement, 758 have found to be fake registration of land. We are also told that this matter is pending in a Writ Petition before the High Court of Madhya Pradesh. 2. Mr. Sanjay Parikh, Mr. Prashant Bhushan and other Learned counsel appearing for various Project Affected Parties submitted that the lands which are identified for allotment for the remaining 214 PAFs are not irrigable and cultivable, so they are also not suitable for being allotted to the families. According to them, alternative lands are available. The State should take steps to provide irrigable and cultivable lands. 3. Mr. Prashant Bhushan Learned counsel appearing for some of the PAFs, submitted that out of the 4239 persons who had accepted special rehabilitation package, have not willingly or voluntarily accepted the same and the special rehabilitation package, was thrust upon them in-terrorem, but we are not having further details to this effect. 4. NCA has filed a report giving certain details to comply with the earlier directions to give relief to these PAFs. 5. State of Madhya Pradesh should file response by way of affidavit to the suggestions made by the NCA. 6. The parties on either side would be at liberty to file written arguments within eight weeks. The matter will thereafter, be posted for final disposal.