Land Acquisition – Rehabilitation of displaced persons – Compensation – In case of applicant an order was passed by the Court of the Land Acquisition Officer, Sardar Sarovar Project indicating that the land which was acquired was 4.293 hectares and determining the compensation payable at Rs 5,48,072/- and the applicant would also be entitled to the allotment of 4.293 hectares of agricultural land – Following the order of Supreme Court in Narmada Bachao Andolan v. Union of India (W.P.(C) No.328 of 2002) on 08.02.2017, the Grievance Redressal Authority (GRA) intimated the applicant that in terms of the said order she was eligible to receive a final payment of Rs 60 lakhs after adjusting the payment which was made to her earlier – The applicant submitted a representation to the GRA claiming that since her entitlement was for the allotment of 4.293 hectares of agricultural land, she would be entitled to receive compensation of Rs 1,28,79,000/- equivalent to the area of the land – The GRA rejected the claim which led to the institution of Writ Petition and the same was dismissed – Special Leave Petition filed before Supreme Court was dismissed as withdrawn – Thereafter, an Miscellaneous application for clarification/modification of order dated 08.02.2017 – Held : 681 project affected families who were yet to receive compensation, were to be paid an amount at the rate of Rs 60 lakhs per family as a matter of full and final settlement – In other words, the quantum of Rs 60 lakhs per family represented a comprehensive settlement package – The package was incapable of being broken down into a per hectare determination – Once the Court had arrived at a final figure of Rs 60 lakhs per family recording that this would be in full and final settlement and directions were issued in the exercise of the jurisdiction under Article 142, it is impermissible for the applicant to claim any amount in excess of that determination.
Disposing of the applications, the Court
HELD : 1. The crux of the issue which falls for decision is whether the directions which are contained in the order of this Court dated 8 February 2017 are susceptible to either a clarification or modification to the effect that the applicant should be granted compensation at the rate of Rs 30 lakhs per hectare for the entirety of the land holding of 4.293 hectares to which she had been found to be entitled for the allotment of agricultural land. There is no dispute about the fact that in pursuance of the Award of the Tribunal dated 12 December 1979, the applicant had opted for the allotment of agricultural land in lieu of the acquisition of a portion of the land holding. The order of this Court dated 8 February 2017 represented a comprehensive determination of the compensation which would be payable to those families who were yet to receive compensation either in full or in part. [Para 26][718-F-H]
2. Based on the rival submissions, the Court held that 681 project affected families who were yet to receive compensation would be paid an amount at the rate of Rs 60 lakhs per family as a matter of full and final settlement. In other words, the quantum of Rs 60 lakhs per family represented a comprehensive settlement package. That package is incapable of being broken down into a per hectare determination. Once the Court had arrived at a final figure of Rs 60 lakhs per family recording that this would be in full and final settlement and directions were issued in the exercise of the jurisdiction under Article 142, it is impermissible for the applicant to claim any amount in excess of that determination. [Para 27][719-B-D]
Narmada Bachao Andolan v. Union of India (2000) 10 SCC 664 : [2000] 4 Suppl. SCR 94 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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