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Court seeks details of land allotment for oustees

Legal Correspondent

New Delhi: The Supreme Court on Monday asked the Madhya Pradesh government and the Narmada Hydro-Development Corporation (NHDC) to furnish details of agricultural land to be given to oustees of the Omkareshwar project by April 15.

A Bench consisting of Chief Justice K.G. Balakrishnan and Justice R.V. Raveendran gave this direction on special leave petitions filed by the State and the NHDC against the February 21 Madhya Pradesh High Court judgment.

The Bench issued notice to the Narmada Bachao Andolan (NBA) and others seeking their response to the SLPs as well as a reply to the rehabilitation proposals.

Acting on an NBA petition, the High Court directed the State government to allot land for land with a minimum of five acres of irrigable land to each landholder, adult son and family affected by the Omkareshwar project. It permitted even those oustees who had been given cash compensation to claim land allotment on their returning 50 per cent of the compensation amount.

Land bank ready

Appearing for Madhya Pradesh, senior counsel Harish Salve said the government was prepared to give the oustees land, for which it had a 5,000-hectare land bank. The State was only concerned at the direction that the project should not go ahead until rehabilitation was completed.

Justice Raveendran told Mr. Salve: “If not two hectares, you [government] can offer some land to them. Why did you frame a policy if you don’t have enough land? They are only opposing because you are going to take away their land. You are not treating it as a human problem and you are not suggesting any solution. They are all poor tribals. How can they identify the land to be given to them?”

When the Chief Justice said the government could not deprive the oustees of any land, Mr. Salve said it would come out with a comprehensive scheme for providing them land. 0The Bench directed listing of the matter for further hearing on April 21.

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