Narmada Bachao Andolan vs. Union of India - International ...

etween RL 95 m and RL 110 m but would also serve to accommodate PAFs from submergence villages whichwould be getting affected at levels above RL 110 m. The action plan giving the village wise details is said to havebeen sent to NCA in June 2000 for its approval.230. According to the said affidavit the balance number of PAFs remaining to be resettled at Gujarat at FRL138.68 m is 10,765. Taking into account that an additional area of 10 percent towards house plot and civicamenities would be required in addition to the allotment of minimum 2 hectares of agricultural land, the total landrequirement per PAF would be approximately 2.2 hectares. For planning purposes in respect of 10,765 PAFs theland requirement would be about 23,700 hectares. As against this requirement the status of land, as per the saidaffidavit, under different categories with the Government of Gujarat is stated to be as under:Sr. No. Particulars Land (ha)1. Land identified (offers received in respect of private 15,716land and Government land)2. Land available (private land for which price is approved 480by Expert Committee and offer/counter offer conveyedand acceptance of land holder is obtained)3. Land in possession of SSPA/GoG in 12 districts 8,416Total 24,612It is averred that between March and 21 June 2000 the land in possession as well as the land identified hasincreased considerably.231. It has also been explained in the said affidavit that the Government of Gujarat has a well established practiceof procuring land for R&R at realistic market prices from willing sellers. Officers hold discussions with prospectiveresettlers, verify the suitability of land and after the price is settled, the same is procured through legal process ofLand Acquisition Act and consent awards are passed so that the PAPs are assured of undisputed legal title freefrom encumbrances. This process of negotiated purchase has been streamlined. At the instance of GRA, a retiredjudge of the High Court is now appointed as Chairman of the Expert Committee with retired senior governmentsecretaries as its members. This Expert Committee oversees the exercise of purchase of suitable land at the marketprice. At the instance of the GRA, PAPs are being issues Sanads for the land allotted to them which will ensureprovision of a proper legal document in their favour.232. Dealing with the term of the Award to the effect that Gujarat shall acquire and make available a year inadvance of the submergence before each successive stage, land and house sites for rehabilitation of the ousteefamilies from Madhya Pradesh and Maharashtra who are willing to migrate to Gujarat, the affidavit states that theGujarat Government has already identified sufficient land for accommodating the balance PAFs remaining to beresettled in Gujarat at FRL 138.68 m. In respect of PAFs upto RL 110 m, Gujarat has sufficient land available tomeet the R&R requirements but for the PAFs above 110 m, suitable land has already been identified and the samewould be acquired and made available one year in advance of submergence before each successive stage. Theaffidavit gives reason as to why it is not advisable for the State, at this stage to acquire the total requirement of landfor FRL in one go. What is stated in the affidavit is as follows:i. Since at present GoG has sufficient land to meet R&R requirement to accommodated PAFs upto RL 110m, it would not be necessary to acquire further land immediately, especially when the additional landwould be required only after the R&R Sub-group and Environment Sub-group give approval for RL 95 mto RL 110 m after examining the preparedness at different stages. This would ensure that public money isnot unnecessarily blocked for a long period.ii.By acquiring land much before it would be required, problems of illegal trespass are likely to arise.iii. The excess land would, by and large, remain fallow and no agricultural production would take place.iv. If the land remains fallow for long the overall productivity of the land would be adversely affected.47