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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
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