- (1.)I.A. No.10291 of 2011 : An application for placing facts and material on record.
(2.)THIS application is filed by the petitioner with a prayer that the list of oustees who have filed their cases, as per the rehabilitation and resettlement policy, before the Grievance Redressal Authority annexed as Annexure A-1 may be taken on record.
Learned counsel for the respondents submitted that they are not filing any reply to this application. However, they have submitted that the matter is concluded by an order dated 11.5.2011 by the Apex Court in Civil Appeals No.2081/11, 2083- 2097/2011, 2098-2012/11, Civil Appeal No.2115/11 and 2116/11, so no order is required on this application. We have heard the parties.

From the perusal of the record we find that this Court passed an order dated 21.2.2008 in which various directions were issued by this Court. For ready reference we quote para 64 of the order, which reads thus :-

"64. In the result, we dispose of this writ petition with the following declarations and directions : (i) The displaced families and encroachers are entitled to allotment of agricultural land as far as possible in terms of paragraphs 3 and 5 of the R&R Policy of 1993 as amended in 2002, and we accordingly direct the respondent No.1 to locate Government land or private land and allot such land as far as possible, to the displaced families and encroachers, if they opt for such land and refund 50% of the compensation amount received by them to be retained towards the installments of price of land and if they also agree to other terms stipulated in paragraph 5 of the R&R policy of 1993. (ii) Landless labourers are not entitled to allotment of agricultural land under the R&R Policy of 1993 and the conditions of the forest and environment clearances given by the Ministry of Environment and Forests and hence, no writ/direction is issued to the respondents to allot such agricultural land in their favour but it will be open for them to apply under any law, rule or policy of the Government for allotment of land as landless persons. (iii) A son who has become major on or before the date of notification under Section 4 of the Land Acquisition Act, will be treated as a separate displaced family, if he was part of a bigger family from whom land was acquired and would be entitled to allotment of agricultural land as far as possible in accordance with paragraphs 3 and 5 of the R&R Policy of 1993, as amended in 2002 and he accordingly direct the respondent No.1 to locate government land or private land and allot such land as far as possible to such major sons if they opt for such land and also agree to the terms stipulated in paragraph 5 of the R&R Policy of 1993 but the extent of land to be alloted to them will be determine on the basis of their share in the land before acquisition as observed in this judgment. (iv) Any oustee who has a grievance that he has not been given his entitlement as per the R&R Policy of 1993, as amended from time to time and as per the observations in this judgment, may lodge a grievance directly with the GRA by 31st March,2008 and the GRA will look into all pending grievances and such new grievances which may be filed by 31st March,2008 and will ensure that all grievances are redressed by 14th June,2008 and will submit a report in this Court by 14th June,2008 and the matter will be listed before the Court on 17th June,2008. (v) On such a report being filed by the GRA and on the Court being satisfied that rehabilitation is complete, appropriate directions will be given for allowing submergence of the remaining 25 villages. The writ petition is allowed with cost of Rs.10,000/- to be paid by the respondents to the petitioner within a month from today."

(3.)AGAINST the aforesaid order the petitioner Narmada Bachao Andolan, State of Madhya Pradesh and Narmada Hydro-Electric Development Corporation (NHDC) filed S.L.P.s before the Apex Court which were registered as quoted hereinabove. The Apex Court vide order dated11.5.2011 decided the matter. For ready reference we quote para 160 of the order which reads as under :-
"160. CONCLUSIONS/RESULT: (i) Civil Appeal Nos. 2115- 2116/2011 filed by the State of M.P. and NHDC These appeals involved two issues namely, (i) allotment of land in lieu of land acquired; and (ii) entitlement of major son to get the a l l o t m e n t o f l a n d a s a s e p a r a t e f a m i l y. S o f a r a s t h e f i r s t i s s u e i s concerned, in respect of the same, we h o l d t h a t i n v i e w o f t h e provisions contained in R & R Policy, the State Authorities are under an obligation to allot the land to the oustees "as far as possible". In c a s e a n o u s t e e h a s n o t a c c e p t e d t h e c o m p e n s a t i o n / S R G o r h a s a n y grievance in respect of area/quality/location of land allotted or for any o t h e r entitlement, he may approach the GRA a n d t h e G R A w i l l adjudicate upon the issue and pass an appropriate order in individual c a s e s a f t e r giving an opportunity of hearing to a l l t h e p a r t i e s concerned. Needless to say, the person aggrieved by the order of GRA s h a l l b e e n t i t l e d to approach the High Court for appropriate r e l i e f . However, in case of private person, the application/petition would be in the name of that individual person duly supported by his affidavit. So far as the issue of entitlement of major son for allotment of land as aseparate family is concerned, our conclusion is in the negative. In other words, there is no such entitlement. (ii) Civil Appeal No. 2082/2011 filed by NBA This appeal involved three issues namely (i) entitlement of land to the landless labourers; (ii) applicability of NWDT Award in the Omkareshwar dam project; and (iii) entitlement of allotment of land to t h e o u s t e e s o f f i v e villages already submerged. Our conclusion i n respect of Issue Nos. (i) & (ii) is in the negative. However, on Issue N o . ( i i i ) , t h e o u s t e e s s h a l l b e e n t i t l e d f o r t h e r e l i e f a s g i v e n t o t h e oustees on Issue No. (i) in Civil Appeal Nos. 2115-2116/2011. (iii)Civil Appeal Nos. 2083-2097/2011 and 2098-2112/2011 These appeals have been preferred by the S t a t e o f M . P . a n d NHDC in respect of acquisition of land of five villages, wherein the State wants to withdraw the acquisition proceedings. Our conclusion is that in the fact-situation of the case, the State is entitled to abandon the land acquisition proceedings in exercise of its power under Section 48 of the Act 1894. However, it shall not apply to 167 dwelling units on the said land. Such persons whose dwelling units are acquired shall b e e n t i t l e d f o r the benefit of R & R Policy to the extent p r o v i d e d therein. The State shall establish the roads etc. after raising the heightof the Bandh as proposed by the Authorities. (iv) The IA. Nos. 196 -210, 211-225, 241-255 of 2011 and 226-240 of 2011 filed by both the parties under Section 340 Cr.P.C., do not require to be dealt with in view of our observations made in para146 of this judgment. A l l t h e appeals and IAs. stand disposed of a c c o r d i n g l y. N o order as to costs."

Ms. Palit submitted that so far as the directions as contained in para 64 (4)(5) are concerned, the Apex Court has not issued any direction and the aforesaid directions can be enforced. Apart from this, 300 families had filed applications before the G.R.A. and the G.R.A. had forwarded the said applications to the Collector, Khandwa. The Collector, Khandwa decided all the applications against the oustees without extending an opportunity of hearing to them and some cognizance may be taken in this regard. It is also submitted by Ms. Palit that the State Government may take a decision to the increased water level of the Dam and in this regard some directions may be issued to the State to await for a period of 15 days so that she may approach to the Apex Court.