http://JUDIS.NIC.IN SUPREME COURT OF INDIA families as have been treated for purposes of giving larger benefit major sons and unmarried daughters are treated as a separate family and not for any other purposes. Similarly other contention that the unmarried sons and daughters should be treated as a half a family unit and should be given half hectare of land or cash in lieu thereof, cannot be accepted. 4. The contention now put forth is that the lands have not been acquired as yet for the purpose of rehabilitation and the affected population is not rehabilitated as yet and until they are relocated together no further progress of the work should be allowed and it is further contended that if the families are displaced for the project these affected persons should be rehabilitated keeping in view the policy, package and procedure applicable to the Tehri project. In regard to the cases where families have already been shifted and where rehabilitation has already been done, HRC recommended that only cash amount awarded to be paid instead of land and the cash option is recommended considering lack of land available for rehabilitation. Major married sons receive Rs. 1,50,000 and the major unmarried sons and major unmarried daughters receive Rs.75,000 each. The Government accepted this recommendation subject to the condition that all additional living eligible family members of fully affected families as on 19.7.1990 [excluding those who are given land for cultivation] including families already shifted in the past to the resettlement colonies from their earlier settlements would be eligible to receive payment of an ex-gratia amount equivalent to 750 times the minimum agricultural wage which at current rates is Rs.33,000 per person. These are matters of policy and when the Government takes such a decision bearing in mind several aspects, we do not think this Court should interfere with the same. In cases where families have not been shifted or given rehabilitation benefits for newly recognised additional families, HRC recommended that only cash be paid instead of land for same reasons and also recommended a residential plot be given measuring 200 sq.mt. in a rural rehabilitation centre or cost will be given to each major married son. The existing scheme for grant of interest subsidy on loan for construction of house is recommended. The Government accepted the same and stated that it shall be the responsibility of the State Administration based on the census, voters’ lists, and if necessary, separate house to house survey may be conducted and that additional family members of the landless agricultural labourers as on 19.7.1990 would also be eligible to receive the recommended ex-gratia amount as for the fully affected land owner families. The identification of agricultural landless labourers and their additional family members shall be decided by State Administration. The recommendation for allotting 200 sq.m. residential land or cash in lieu thereof, to each married son of the rural land owner family was not accepted by the Government. It is contended on behalf of the petitioners that HRC’s recommendations should be accepted by the Government but the Government has formulated another scheme instead of what is recommended by HRC and have suggested payment of ex-gratia amount in the same manner as is given in respect of the affected families and, therefore, no exception can be taken to the decision of the Government. The villages were identified by HRC as fully affected where 75% or more families are fully affected. HRC recommended that in the partially affected villages [where less than 75% families are fully affected], the fully affected families will have the option of resettling else where with rehabilitation provisions or remain in the unaffected part of the village. The families that remain there will be allotted land on pattas from the left over surplus land. The Government accepted the recommendations as to the categorisation of the fully and partially affected families and also stated that they would be entitled to rehabilitation benefits as admissible in the existing policy and all additional family members of those families would also be entitled to receive ex-gratia payment of Rs.33,000. It is contended on behalf of the petitioners that HRC recommendation should have Page 19 of 37

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