http://JUDIS.NIC.IN 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. Page 20 of 37

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