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Gramin Sewa Sanstha vs State Of M.P. And Ors.

Country/Territory
India
Type of court
National - higher court
Date
Sep 16, 1986
Source
UNEP, InforMEA
Court name
Supreme Court of India
Judge
Bhagwati, P.
Misra, R.
Reference number
1986 (2) SCALE 682
Language
English
Subject
Land & soil
Keyword
Private land Land tenure Indigenous peoples Foreign land tenure Ownership Property rights Private forest Dam
Abstract
This is a case where owing to the implementation of Hasdeo Bango Dam Project in Madhya Pradesh, a large number of tribals were to be displaced and the Supreme Court was called upon to consider the aspect of arbitrary nature of the Government in providing alternate land to displaced people. The Court held that the resettlement policy should be such as to enable the tribals to continue with their lifestyle unaffected. The petitioners took a serious objection as the Government was allotting the land to the displaced tribals which actually belonged to some others and who were having legal possession of the land. The State Government had taken an objection that the project was not covered by the Madhya Pradesh Projects Displaced Persons (Re-settlement) Act, 1985 and therefore there was no statutory obligation for the Government to provide re-settlement and rehabilitation to the displaced tribals of this project. The Court refused to accept this argument and directed the State Government to examine why this project cannot be a part of the Act. The Court also directed the Government to allot land after ensuring that there were no encumbrances.
Full text
COU-155952.pdf
Website
www.indiankanoon.org