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Narmada Bachao Andolan (Petitioner) v. State of Madhya Pradesh
Asia and the Pacific
Type of document:
National - higher court
Date of text:
July 26, 2011
Data source:
Court name:
Supreme Court of India
Chauhan, B.S.
Panchal, M.
Verma, D.
ECOLEX subject(s):
Environment gen.
The Narmada Bachao Andolan wanted direction to the Madhya Pradesh government to allot two hectares of land to each of the ousted families as part of a relief and rehabilitation package for those affected by the Upper Veda Project on Veda river in the district. The apex court said that it did not find any “cogent reason” in the demand for allotment of agricultural land to the landless oustees affected by the submergence of the dam affected area. The NBA had challenged the Madhya Pradesh High Court verdict which too had rejected its plea for allotment of two hectares of land to landless oustees. The court rejected the plea by Chittaroopa Palit, who appeared in person for the NBA, that the project’s clearance by the union welfare ministry was subject to the grant of land to landless people affected by the irrigation project.The judgment said that conditional clearance by the ministry had no statutory backing.The court noted that the ministry had taken no action on its conditions not being adhered to in the execution of the irrigation project.The ministry “did not consider it proper to take any action or even refer those letters to the state government. Thus, the said authorities also treated the same as non-statutory. The court also referred to earlier two such relief and rehabilitation packages in respect of the Narmada Valley projects, saying that even these did not have any provision for giving land to the landless oustees.