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SUPREME COURT OF INDIA
been fully accepted by the Government. It was made clear by the Government
that the partially affected families that remain in these villages shall be
entitled to be allotted submerged land on pattas subject to availability
during the low reservoir level periods for temporary cultivation admissible
under the existing policy. It is contended on behalf of the petitioners
that the practice of allowing cultivation in submerged land during low
reservoir level periods leads to enhanced siltation of reservoir and,
therefore, should be discouraged. The view taken by the Government is that
even after accepting the recommendations made by HRC a condition is imposed
that during the low reservoir level periods, land should be given for
temporary cultivation not otherwise. Therefore, it cannot be said that such
a condition is unreasonable.
The next objection raised by the petitioners is in regard to the house
construction assistance to each married son and major unmarried sons and
major unmarried daughters @ Rs.60,000 and payment of this amount is linked
with the progress of construction and shifting. The Government did not
accept the same and ordered that the additional members of urban entitled
house owner families of Tehri Town as on cut-off-date of 6.6.1985 would
also be eligible to draw ex-gratia of Rs.33,000, which, it is stated, has
been subsequently enhanced. For similar reasons stated earlier, objections
raised on behalf of the petitioners stand rejected.
As regards the rehabilitation programme, the status is that socio-economic
study concerning the living standard of resettled families was got done
through the Administrative Staff College of India, Hyderabad, which
revealed that the quality of life of the resettled families is far above
and better than what was the situation before rehabilitation. A well
defined R&R Policy and Package has been formulated by the Government of
U.P. and THDC for Tehri Project affected families which has been improved
from time to time to take care of changing requirements. The rehabilitation
of affected families of the project is now being handled by the Government
of Uttaranchal. As a part of Phase II programme covering about 2500 fully
affected rural families to be affected families due to reservoir
impoundment, additional land has been identified and is being provided and
acquired in Hardwar and Dehradun Districts. Approval of 275.20 hectares of
land at Pashulok and 1083 hectares of land at Pathari Block, on lease
basis, has been accorded by the Government for resettlement of the
remaining fully affected rural families. In addition, proposal for
acquisition of about 900 acres of land in District Hardwar and Dehradun is
being processed. The State Government proposes to complete rehabilitation
by June 2003.
The present status of the urban rehabilitation programme covers Tehri Town
involving a total of 5291 families falling within the cut-off date of 6th
June, 1985. The rehabilitation package available for them is as follows :
(i) "Under Urban resettlement programme, affected families are being
rehabilitated at the New Tehri Town [NTT] or at Rishikesh and Dehradun, as
per their option. Apart from compensation for their existing/shops and
other structures at the Old Tehru Town, land/house owner oustees are
provided with plots at a nominal cost for building their houses. The
tenants at the old Tehri Town are being given built-up flats, on payment on
subsidised terms.
(ii) For the urban shop-keepers, shops have been constructed at NTT,
Rishikesh and Dehradun.
(iii) The details of the Urban Rehabilitation Package are given in the
rehabilitation policy booklet enclosed hereto as Annexure IV."
As regards the rural rehabilitation, the policy is :
1.
Rural oustees to be compensated through allotment of agricultural
land or cash in lieu thereof.
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