By S A Ishaqui
Hyderabad, March 17: A petition was filed in the AP High Court on Monday seeking review of the judgement of a division bench of this court in case of construction of Indira Sagar (Polavaram) multi purpose project.
The division bench comprising Chief Justice GS Singhvi and Justice R Subhash Reddy pronounced its verdict on July 20, 2007 saying that "the State government shall not displace the people from 276 villages, which will be submerged in Polavaram dam and those living in the Scheduled Areas, without giving complete effect to the rehabilitation policy. This would necessarily mean that before the dam is filled and the villages are submerged, the affected persons will have to be rehabilitated, re-settled and compensation paid in accordance with the policy".
The bench also said "wherever the government acquires land, it shall take possession only after payment of compensation to the landholder in accordance with Section 17 (3-A) of the Land Acquisition Act, 1894".
Samata, a non-government organisation, filed a review petition stating that the affected farmers belonged to Scheduled Tribes and they should be rehabilitated in the Scheduled area only. The petitioner contended that the value of land in the area owned by a tribal cannot be measured in terms of money.
The petitioner informed the court that earlier a separate petition was filed challenging the decision of the Ministry of Tribal Affairs in clearing the Relief and Rehabilitation plans.
The petitioner said "unless the earlier order of the division bench is reviewed and the issues therein are adjudicated and the tribals will be put to irreparable loss".
The petitioner urged the court to restrain the government from taking steps to shift the tribals from the scheduled area to non-scheduled area in the name of resettlement to construct Polavaram project.
Hyderabad, March 17: A petition was filed in the AP High Court on Monday seeking review of the judgement of a division bench of this court in case of construction of Indira Sagar (Polavaram) multi purpose project.
The division bench comprising Chief Justice GS Singhvi and Justice R Subhash Reddy pronounced its verdict on July 20, 2007 saying that "the State government shall not displace the people from 276 villages, which will be submerged in Polavaram dam and those living in the Scheduled Areas, without giving complete effect to the rehabilitation policy. This would necessarily mean that before the dam is filled and the villages are submerged, the affected persons will have to be rehabilitated, re-settled and compensation paid in accordance with the policy".
The bench also said "wherever the government acquires land, it shall take possession only after payment of compensation to the landholder in accordance with Section 17 (3-A) of the Land Acquisition Act, 1894".
Samata, a non-government organisation, filed a review petition stating that the affected farmers belonged to Scheduled Tribes and they should be rehabilitated in the Scheduled area only. The petitioner contended that the value of land in the area owned by a tribal cannot be measured in terms of money.
The petitioner informed the court that earlier a separate petition was filed challenging the decision of the Ministry of Tribal Affairs in clearing the Relief and Rehabilitation plans.
The petitioner said "unless the earlier order of the division bench is reviewed and the issues therein are adjudicated and the tribals will be put to irreparable loss".
The petitioner urged the court to restrain the government from taking steps to shift the tribals from the scheduled area to non-scheduled area in the name of resettlement to construct Polavaram project.
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