Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquisition |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | 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of Writ Petition and the same was dismissed – Special Leave Petition filed before Supreme Court was dismissed as withdrawn – Thereafter, an Miscellaneous application for clarification/modification of order dated 08.02.2017 – Held : 681 project affected families who were yet to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. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2022 INSC 995 |
Petitioner | Narmada Bachao Andolan And Ors. |
Respondent | Union Of India & Ors. |
SCR | [2022] 18 S.C.R. 708 |
Judgement Date | 2022-09-22 |
Case Number | 328 |
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