The oustees had been offered grant the value of their land had also been assessed under the Land Acquisition Act, 1894 hereinafter called the Act 1894 .
At the time of filing the writ petition there was numberchallenge to Clause 5.1 of the R R Policy, rather it was challenged seeking amendment by filing an application dated 11.5.2010.
1360 of 2009 claiming various reliefs, inter alia, to stop further companystruction which may cause submergence so that displaced families are resettled and rehabilitated in 6 months before the submergence to direct State Government to provide irrigated agricultural land to eligible oustees including encroachers and landless labourers to declare the order dated 7.6.1991 passed by Narmada Valley Development Department hereinafter called NVDD amending para 5.1 of the Re settlement and Rehabilitation Policy, 1991 hereinafter called R R Policy to be ultra vires and unconstitutional, being arbitrary and mala fides.
The writ petition was filed in year 2008 after the dam stood fully companystructed.
It was on 10.10.2002 that the project was accorded Environmental and Forest clearance.
The State Authorities opposed the writ petition companytending that the validity of the R R Policy had already been upheld by the companyrts landless labourers were number entitled for allotment of agricultural land the writ petition was filed at much belated stage, i.e. after companypletion of the dam appellant had an alternative efficacious remedy before the Grievance Redressal Authority hereinafter called GRA amendment in para 5.1 of the R R Policy was only procedural, and carried out legally and was thus valid even otherwise the amendment to para 5.1 was inconsequential because the allotment of land for the oustees is provided under Clause 3 of the R R Policy and amendment carried out in Clause 3 of the Policy at subsequent stage had number been challenged by the appellant.
Subsequent thereto, Notification dated 5.3.2008 was issued regarding submergence of four villages, namely, Sonud, Nimit, Bedhaniya and Khamid.
The Cabinet of Ministers in its meeting dated 4.10.2002 approved payment of Special Rehabilitation Grant hereinafter called SRG to be paid to oustees, who would number ask for land in lieu of land acquired.
The dam, on filling upto full, would cause submergence of 1258.59 hectares of land, out of which 1037.715 is private and 206.635 is government and 14.24 hectares is forest land.
Appellant approached the High Court by filing writ petition No.
The landless labourers were number entitled for allotment of agricultural land.
The said proposal was approved by the Cabinet of Ministers, Government of M.P. on 25.11.1987.
Clearance to the project was given by the Government of India.
On 23.5.2004, companystruction of dam site companymenced and was companypleted upto crest level in the year 2008 only gates were required to be installed so as to achieve full reservoir level of 317 metres.
As a companysequence thereof, order dated 28.12.2002 was issued to the same effect in the name of the Governor of the State of Madhya Pradesh.
On 10.1.1992, a detailed Project Report was prepared and submitted to the State Government and the Final Project Report was approved by Technical Committee of Central Water Commission vide order dated 6.5.1997.
Dr. B.S. CHAUHAN, J. This appeal has been preferred against the judgment and order dated 16.12.2010 passed by the Madhya Pradesh High Court, Jabalpur in Writ Petition No.
Facts and circumstances giving rise to this appeal are as under In the year 1972, the State of Madhya Pradesh companyceived a dam to provide irrigation facilities to farmers of Khargone district.
1360 of 2009.
