Summary of the Order/Judgment
Directions of the Court in the judgment dated October 18, 2000 were not implemented. Applications were filed by the petitioners praying for a direction to the respondents not to proceed with further construction by raising the height of Sardar Sarovar Dam till all affected people at the height of 110 meters were rehabilitated in all respects. It was contended that the petitioners being Project Affected Families (PAFs) and thus ousteess within meaning of award made by Narmada Water Dispute Tribunal, were entitled to benefits of rehabilitation package envisaged therein. They also contended that for purpose of grant of benefit of rehabilitation package, no distinction could be made between temporary and permanent affected people.
The Court held that the applicants became affected by the raising of the dam at 90 meters and remained affected by further raising thereof up to 100 meters, in terms of directions contained in the award of the Tribunal as also directions of the Court. Thus, irrespective of whether the applicants were permanently affected or temporarily affected, they were entitled to benefit of the rehabilitation package and major sons were held entitled to a grant of separate holding even if not possessing a separate land.