- (1.) On the basis of a letter received from Banwasi Seva Ashram operating in Mirzapur District of Uttar Pradesh Writ Petition (Criminal) No. 1061/82 under Art. 32 of the Constitution of India was registered. Meanwhile the National Thermal Power Corporation Limited (NTPC) decided to set up a super-thermal plant on part of the lands which were subject matter of the writ petition. NTPC got itself impleaded as a party in the writ petition and claimed that the completion of the project was a time bound programme and as such the land earmarked for the project be made free from prohibitive directions of this Court in the writ petition. The writ petition was disposed of by an order dated November 20, 1986. This Court issued comprehensive directions and appointed a Board of Commissioners to supervise the implementation of the said directions. This Court has been monitoring the project during all these years in terms of the directions issued on November 20, 1986.
(2.) By this order we are finally disposing of the proceedings and the monitoring process so far as the NTPC is concerned. The directions dated November 20, 1986 relevant for this purpose are as under: "(1) So far as the lands which have already been declared as reserved forest under Section 20 of the Act, the same would not form part of the Writ Petition and any direction made by this Court earlier, now or in future in this case would not relate to the same. In regard to the lands declared as reserved forest, it is, however, open to the claimants to, establish their rights, if any, in any other appropriate proceeding. We express no opinion about the maintainability of such claim." "(5) The land sought to be acquired for the Rihand Super-Thermal Power Project of the NTPC shall be freed from the ban of dispossession. Such land is said to be about 153 acres for Ash Pipe Line and 1643 acres for Ash Dyke and are located in the villages of Khamariya, Mitahanai, Parbatwa, Jheelotola, Dodhar and Jarha. Possession thereof may be taken....... but such possession should be taken in the presence of one of the Cornmissioners who are being appointed by this order and a detailed record of the nature and extent of the land, the name of the person who is being dispossessed and the nature of enjoyment of the land and all other relevant particulars should be kept for appropriate use in future. Such records shall be duly certified by the Commissioner in whose presence possession is taken and the same should be available for; use in all proceedings that may be taken subsequently. The NTPC has agreed before the Court that it shall strictly follow the policy on "facilities to be given to land oustees" as placed before the Court in the matter of lands which are subjected to acquisition for its purpose. The same shall be taken as an undertaking to the Court."
(3.) Mr. Datta learned senior advocate appearing for the NTPC has stated that the NTPC has already taken actual/symbolic possession of 1375 acres of land. In respect of 1004 acres of the said land a notification under S.4 of the Indian Forest Act, 1927 (hereinafter called 'the Act') was issued and the proceedings for declaring the said area as reserved forest were undertaken. The remaining 371 acres were part of Gaon Sabha land and the ownership in the said land vested in the State Government. According to Mr. Datta this land measuring 1375 acres is under the possession of NTPC and the project-construction is in progress. Mr. Ramamurthy, on the other hand, has contended that the actual possession of whole of the area is not with the NTPC and the Adivasi/ land owners are still in possession of their respective holdings.;