B.S. Chauhan, J. - (1.) 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. 1360 of 2009.
(2.) Facts and circumstances giving rise to this appeal are as under: A. In the year 1972, the State of Madhya Pradesh conceived a dam to provide irrigation facilities to farmers of Khargone district. 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. B. 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. Clearance to the project was given by the Government of India. It was on 10.10.2002 that the project was accorded Environmental and Forest clearance. C. 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 not ask for land in lieu of land acquired. As a consequence thereof, order dated 28.12.2002 was issued to the same effect in the name of the Governor of the State of Madhya Pradesh. D. On 23.5.2004, construction of dam site commenced and was completed upto crest level in the year 2008; only gates were required to be installed so as to achieve full reservoir level of 317 metres. Subsequent thereto, Notification dated 5.3.2008 was issued regarding submergence of four villages, namely, Sonud, Nimit, Bedhaniya and Khamid. E. Appellant approached the High Court by filing writ petition No. 1360 of 2009 claiming various reliefs, inter-alia, to stop further construction 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. F. The State Authorities opposed the writ petition contending that the validity of the R & R Policy had already been upheld by the courts; landless labourers were not entitled for allotment of agricultural land; the writ petition was filed at much belated stage, i.e. after completion 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 not been challenged by the Appellant. G. The High Court considered the rival submissions advanced on behalf of the parties and held that challenge to the validity of the amendment dated 7.6.1991 was belated and could not be entertained. The alternative remedy before the GRA was efficacious and no extraordinary situation prevailed warranting the High Court to interfere at such a stage. The landless labourers were not entitled for allotment of agricultural land. 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). Person aggrieved, if any, can approach the GRA if he is not satisfied with the reliefs granted to him in terms of the R & R Policy. After taking the aforesaid view, the High Court issued various directions including: to install radial gates, block sluice gates and to fill up dam upto 310 metres; when canal network is ready, the Government could approach the Court to fill up the dam to 317 metres; the Government would ensure that land oustees were given benefits to which they are entitled under the R & R Policy within four weeks; and that persons aggrieved, if any, were at liberty to agitate the grievances in respect of reliefs before the GRA. Hence, this appeal.
(3.) Ms. Chittaroopa Palit, representative of the Appellant, has raised before us all the issues which had been agitated before the High Court, including the right of oustees for allotment of land in lieu of land acquired and non-compliance of R &R Policy is violative of fundamental rights of the oustees enshrined in Article 21 of the Constitution. It has further been submitted by her that the amendment in Clause 5.1 of the R & R Policy was null and void as it has not been carried out in accordance with the procedure prescribed under Section 21 of the General Clauses Act, 1897 as well as the provisions of Article 166(2) and (3) of the Constitution of India. Clause 5.1 of the R & R Policy could not be amended in violation of Rule 7(viii) of Part II of the Business Rules. And that since the Ministry of Welfare, Government of India, has accorded clearance to the project with a clear understanding that landless labourers would also be allotted agricultural land and as the same has not been complied with, the High Courts judgment requires interference.;