http://JUDIS.NIC.IN
SUPREME COURT OF INDIA
the aid, asistance and finances provided by the States, Central Goverment
and the World Bank is allowed to progress and be completed strictly on
fulfillment of the conditions on which environmental clearance was granted.
2. Rehabilitation aspect
The Ministry of Environment and Forests has filed an affidavit before us
showing the present position of progress in resettlement and rehabilitation
activities undertaken as part of fullfillment of the conditional clearance
of the project. It may be recalled that the Ministry of Welfare of
Government of India in the year 1985 initiated a Rehabilitation Policy. It
came to be approved only in the year 1997. Thus the National policy,
Packages and Guidelines for resettlement and rehabilitation accept the
following principles :1. Displacement should be minimised. So people displacing projects should
be the last option after studying non-displacing and least displacing
projects, and if this is the only alternative.
2.
The public purpose based on which people are displaced or otherwise
deprived of their livelihood should be defined. Prior informed consent to
be affected by it should be mandatory after the project is explained to
them and if they see that is according to the public purpose thus defined
properly.
3. Replacement value to be the norm for compensation, against the present
norm of market value which is totally inadequate.
4. Right to life with dignity enshrined in Article 21 of the Constitution
should be respected. So, the displaced persons should have a better
lifestyle after displacement than before it because they are paying the
price of national development.
5. Displaced Persons (DPs/PAPs) should be the first beneficiaries of any
project.
6. Rehabilitation is mandatory and should go on side by side with the
project.
7. Land for land is recommended to all and is mandatory for tribals.
Compensation is to be provided for common property resources and forest
lands that may be acquired from their dependants.
8. The DPs/PAPs are defined in a way as to include not only land onwers
but also those who depend on it without owning it, and those who have
common property resources as their sustenance. This Court in the case of
Karjan Jalasay Yojana Assargrasth Shakhar Ane Snagharsh Samiti v. State of
Gujarat, AIR (1987) SC 532 has held thus:
"Simultaneously with taking possession of the acquired land from any person
in occupation of it, such person shall be provided either alternative land
of equal quality but not exceeding three acres in area and if that is not
possible, then alternative employment where he woud be assured a minimum
wage......No possession of any part of the acquired land shall be taken
from any person unless and until he is either provided with alternative
land or alternative employment which is not temporary in character so that
he and the members of his family do not remain without means of
subsistance... if for any reason the State Government is not able to
provide alternative land or arrange for alternative employment, the State
Government will subject to the same exception, pay to the head of the
family at the latter place of residence compensation equivalent to minimum
wage every fortnight during the period alternative land or employment is
not provided."
The above directions of this Court in the case of Karjan Jalasay (supra)
Page 35 of 37
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents