The Narmada Water Dispute Tribunal Award (NWDTA)
Since, the Sardar Sarovar Project (S.S.P.)
is an inter-state project, the provisions of the Narmada Water Dispute
Tribunal Award are applicable to it.
The NWDT award covers allocation of water to the party States,
Full Reservoir Level (FRL) of Sardar Sarovar and Narmada Sagar dams,
full supply level of Narmada Main Canal, sharing of cost and benefits,
regulated releases to be made by MP, apportionment of cost of Sardar
Sarovar dam between irrigation and power, setting up of machinery
to implement the Award, period of operation of certain clauses of
The NWDT Award provides for rehabilitation in following terms:
Clause XI:- Directions regarding submergence. Land
acquisition and rehabilitation of displaced persons
Sub-Clause 1: Definitions
1(1): "Land" - The expression "Land" shall
have the same meaning as defined in the Land Acquisition Act, 1894
(hereinafter refereed to as the Act) which states "the expression
'land' includes benefits to arise out of land, and things attached
to the earth or permanently fastened to anything attached to the
1(2): "Oustees" - An "Oustees: shall mean any person
who since at least one year prior to the date of publication of
the notification under Section 4 of the Act, has been ordinarily
residing or cultivating land or carrying on any trade, occupation,
or calling or working for grain in the area likely to be submerged
permanently or temporarily.
1 (3): "Family" - (i) A family shall include husband,
wife and minor children and other persons dependent on the head
of the family, e.g. widowed mother.
(ii) Every major son will be treated as a separate family.
Sub-clause II: Lands which are to be compulsorily
II (1) Madhya Pradesh and Maharashtra shall acquire for Sardar
Sarovar Project under the provisions of the Land Acquisition Act,
1894, all lands of private ownership site below the FRL + 138.68
m (455') of Sardar Sarovar and all interests therein not belonging
to the respective States. If on the basis aforesaid, 75 per cent
or more land of a contiguous holding of any person is required to
be compulsorily acquired, such person shall have the option to compel
compulsory acquisition of the entire continuous holding.
II (2) Madhya Pradesh and Maharashtra shall also acquire for Sardar
Sarovar Project under the provisions of the Land Acquisition Act,
1894 all buildings with their appurtenant land situated between
FRL + 138.68 m (455') and MWL + 141.21 m (460') as also those a
affected by the backwater effect resulting from MWL + 141.21 m (460')
II (3) The backwater level at the highest flood level in Sardar
Sarovar shall be worked out by the Central Water Commission in consultation
with Madhya Pradesh and Gujarat.
Sub-clause III: Liability of Gujarat to pay
compensation for land acquisition and rehabilitation etc.
III (1): Gujarat shall pay to Madhya Pradesh and Maharashtra all
costs including compensation charges and expenses incurred by them
for or in respect of the compulsory acquisition of land acquired
to be acquired as aforesaid.
III (2): Gujarat shall pay to Madhya Pradesh and Maharashtra and
the Union of India compensation for the respective Government lands
and structures on principles similar to those underlying the Land
Acquisition Act, 1894. Where any dispute or difference arises between
Gujarat, Madhya Pradesh, Maharashtra and the Union of India with
respect to the compensation payable as aforesaid, any of the three
States of Gujarat, Madhya Pradesh and Maharashtra or the Union of
India may refer the matter in dispute arbitration. The State of
Gujarat on the one hand the States of Madhya Pradesh, Maharashtra
or the Union of India (as the case may be) on the other hand shall
respectively nominate one Arbitrator each. In the event of disagreement
between the Arbitrators, such dispute or difference shall be referred
to an Umpire who shall be a person appointed in that behalf by the
Chief Justice of India from among persons who are, or have been
Judges of the Supreme Court. The decision of the Arbitrators, or
as the case may be, of the Umpire shall be final and binding on
the parties and shall be given effect to by them.
III (3): Gujarat shall pay to Madhya Pradesh and Maharashtra land
revenue in accordance with the respective Land Revenue Codes of
Madhya Pradesh and Maharashtra in respect of all lands in their
respective territories acquired for Gujarat or conveyed to it.
III (4): Gujarat shall pay to Madhya Pradesh and Maharashtra all
costs, charges and expenses incurred by Madhya Pradesh and Maharashtra
for the purpose of removal and reinstallation of any ancient or
historical monuments, archaeological remains, religious places of
worship or idols likely to be affected by submergence under Sardar
Sarovar and that in the event of such payment being made no separate
compensation as hereinafter before provided shall be required to
be paid in respect of the same having been affected by the submergence.
III (5): Gujarat shall pay to Madhya Pradesh and Maharashtra all
costs, charges and expenses required to be incurred by them for
rehabilitation of oustees and oustees families in their respective
territories in accordance with the directions hereinafter contained.
III (6): Gujarat shall pay to Madhya Pradesh and Maharashtra costs
on account of establishment charges for land acquisition and rehabilitation
and other departmental staff which Madhya Pradesh, and Maharashtra
may consider necessary for the purpose of such acquisition and rehabilitation.
Sub-clause IV Provision for rehabilitation
IV (1) According to the present estimates the number of oustees
families would be 6,147 spread over 158 villages in Madhya Pradesh,
456 families spread over 27 villages in Maharashtra. Gujarat shall
establish rehabilitation villages in Gujarat in the irrigation command
of the Sardar Sarovar Project on the norms hereinafter mentioned
for rehabilitation of the families who are willing to migrate to
Gujarat. For oustees families who are unwilling to migrate to Gujarat,
Gujarat shall pay to Madhya Pradesh and Maharashtra the cost, charges
and expenses for establishment of such villages in their respective
territories on the norms as hereinafter provided.
IV (2) (i): According to the present estimates the number of oustees
families below RL 106.68 metres (RL 350') would be 30 spread over
20 villages in Madhya Pradesh and 250 families spread over 20 villages
in Maharashtra. Within six months of the publication of the decision
of the Tribunal in the official Gazette, Gujarat, Madhya Pradesh
and Maharashtra shall determine by mutual consultation the location
of one or two rehabilitation villages in Gujarat to rehabilitate
oustees from areas below RL 106.68 metres (RL + 350'). Gujarat shall
acquire necessary lands for the rehabilitation villages and make
available the same within two years of the decision of the Tribunal.
Within six months of the decision of the location of the rehabilitation
villages in Gujarat, Madhya Pradesh and Maharashtra shall intimate
to Gujarat the number of oustees families from areas below RL 106.68
metres (RL 350') willing to migrate to Gujarat. For the remaining
oustees families, Madhya Pradesh and Maharashtra shall arrange to
acquire lands for rehabilitation within the respective States.
IV (2) (ii): Madhya Pradesh and Maharashtra shall set up adequate
establishments for land acquisition and rehabilitation of oustees
families. Gujarat shall deposit within three months of the decision
of the Tribunal Rupees Ten Lakhs each with Madhya Pradesh and Maharashtra
in advance towards cost of establishment and rehabilitation in these
States to be adjusted after actual costs are determined. Madhya
Pradesh and Maharashtra shall start land acquisition proceedings
for areas below RL 106.28 metres (RL + 350'), within six months
of the decision of the Tribunal and convey the lands to Gujarat
for project purposes within three years of the decision of the Tribunal.
Within 18 months of the decision of the Tribunal, Gujarat shall
make an advance payment of Rs. 70 lakhs to Madhya Pradesh and Rs.
100 lakhs to Maharashtra towards the compensation of land, to be
adjusted after actual costs are determined.
IV (2) (iii) Regarding the oustees families from areas above RL
106.68 metres (RL+350'), Gujarat shall intimate to Madhya Pradesh
and Maharashtra within six months of publication of the decision
of the Tribunal in the official gazette the number and general location
of rehabilitation villages proposed to be established by Gujarat
in accordance with the decision of the Tribunal. Within one year
of the receipt of proposal of Gujarat, both Madhya Pradesh and Maharashtra
shall intimate to Gujarat the number of oustees families willing
to migrate to Gujarat. The three States by mutual consultation shall
determine within two years of the decision of the Tribunal, the
number of general location of rehabilitation villages required to
be established by Gujarat in its own territory. Madhya Pradesh and
Maharashtra shall intimate to Gujarat the number of such villages
to be established in Madhya Pradesh and Maharashtra and for which
Gujarat would be required to make payments to Madhya Pradesh and
IV (2) (iv) Gujarat shall acquire and make available a year in
advance of the submergence before each successive stage, irrigable
lands and house sites for rehabilitation of the oustees families
from Madhya Pradesh and Maharashtra who are willing to migrate to
Gujarat. Gujarat shall in the first instance offer to rehabilitate
the oustees in its own territory.
IV (3) Gujarat shall also provide the following grants and amenities
to the oustees:-
(a) Resettlement Grants (Rehabilitation Grant) - Gujarat shall
pay per family a sum of Rs. 700/- inclusive of transportation charges
as resettlement grant.
In addition, Gujarat shall pay per family grant-in-aid in the following
Where total compensation is
|Above Rs, 2,000/-
|Between Rs. 2,000/- and Rs. 500/-
||Rs. 500/- less than an amount equal to one-third of the compensation
in excess of Rs. 500/-
|Less than Rs. 500/-
(c) Civic amenities
1. One primary school (three rooms) for 100 families
2. One Panchayat Ghar for every 500 families
3. One dispensary for every 500 families
4. One seed store for every 500 families
5. One children's park for every 500 families
6. One village pond for every 500 families
7. Drinking water well with trough for every 50 families
8. Each colony should be linked to main road by roads of appropriate
9. One platform for every 50 families
10. Every oustees family shall entitled to and allotted a house
site i.e. a plot of land measuring 18.29 x 27.43 m. (60' x 90')
free of cost. In addition, a provision of 30% additional area for
roads, Government buildings, open space etc. shall be made by Gujarat
under civic amenities.
11. The State of Gujarat shall make the following provision for
rehabilitation in Madhya Pradesh and Maharashtra.
Rs. 750/- per family
Rs. 500/- per family
| Acquisition of land for resettlement of families affected
@ 0.40 hectares (one acre) for six families
Rs. 1,500 per acre
| Civic amenities
| One primary school @ 100 families
Rs. 30,000/- each
| One community hall-cum-Panchayat Bhavan @ 500 families
Rs. 20,000/- each
| One dispensary @ 500 families
Rs. 25,000/- each
|One seed store @ 500 families
Rs. 10,000/- each
| One children's park @ 500 families
Rs. 6,000/- each
| One well with trough @ 50 families
Rs. 10,000/- each
| One pond @ 500 families
Rs. 20,000/- each
| One tree platform @ 50 families
Rs. 1,500/- each
| One religious place of worship @ 100 families
Rs. 1,000/- each
| Construction of approach roads and link roads for Abadies
3 km. Per every new Abadi
Rs. 30,000/- per km.
| Electrical distribution lines and street lights 2 km. per
Rs. 11,000/- per km.
| Social amenities for each municipal town going under submergence
viz. water supply and sanitary arrangements layout, leveling
of site etc.
Rs. 5,00.000/- each town
IV (4) (i) Gujarat is directed to provide for rehabilitation and
civic amenities as per directions contained hereinabove in sub-clause
IV 93) in its estimate for B-Land compensation and rehabilitation.
IV (4) (ii) Notwithstanding the provisions hereinbefore, Gujarat
shall not be liable to pay any compensation for the loss of public
properties, facilities or amenities such as drinking water wells,
primary school buildings, internal roads, village sites, approach
roads, dispensaries, Panchayat buildings, rural electrification,
highway brides, telegraph lines, power lines, etc. If corresponding
alternative properties, facilities or amenities are to be provided
at the cost of the Sardar Sarovar Project. The party owning the
facility shall have the option to accept compensation for utilities
as existing or ask for their replacement or re-location at the cost
IV (5) It is made clear that the monetary values in clauses IV 93)
(c) are liable to be changed at the time of actual rehabilitation.
Where any dispute or difference as regards the changed valuation,
the matter shall be determined by Arbitration in the manner provided
in Clause II (2) above and Gujarat's liability shall stand altered
IV (6) (i) In the event of Gujarat being unable to resettle the
oustees or the oustees being unwilling to occupy the area offered
by Gujarat, Madhya Pradesh and Maharashtra shall make such provisions
for rehabilitation, civic amenities, etc. on the lines mentioned
in Clause IV (1) to (4) above. Gujarat shall, in that event, be
liable to pay all such expenses, costs, etc. arising out of or in
connection with rehabilitation and provision of civic amenities
for the oustees including the cost of all acquisition proceedings
and payment for compensation etc. as per the Land Acquisition Act,
for the land allotted to oustees for cultivation and habitation.
IV (6) (ii) In no event shall any areas in Madhya Pradesh and Maharashtra
be submerged under the Sardar Sarovar unless all payment of compensation,
expenses and costs as aforesaid is made for acquisition of land
and properties and arrangements are made for rehabilitation of the
oustees therefrom in accordance with these directions and intimated
to the oustees.
IV (7) Allotment of agricultural lands
Every displaced family from whom more than 25% of its land holding
is acquired shall be entitled to and be allotted irrigable land
to the extent of land acquired from it subject to the prescribed
ceiling in the State concerned and a minimum of two hectares (five
acres) per family, the irrigation facilities being provided by the
State in whose territory the allotted land is situated. This land
shall be transferred to the oustee family if it agrees to take it.
The price charged for it would be as mutually agreed between Gujarat
and the concerned State. Of the price to be paid for the land a
sum equal to 50% of the compensation payable to the oustee family
for the land acquired from it will be set off as an initial installment
of payment. The balance cost of the allotted land shall be recovered
from the allottee in 20 yearly installments free of interest. Where
land is allotted in Madhya Pradesh or Maharashtra, Gujarat, having
paid for it vide clause IV (6) (i) supra, all recoveries for the
allotted land shall be credited to Gujarat.
IV (8) Any dispute between the States in respect of Clauses IV (1)
to (7) of these directions shall be referred to and determined by
arbitration in the manner provided in Clause III (2) of these directions.
Sub-clause V Programme for payment to
be made by Gujarat to Madhya Pradesh and Maharashtra
V (1) As soon as practicable after the publication of the decision
of the Tribunal in the official gazette, Gujarat shall prepare and
furnish to the other party States, a fresh estimate of sub-head
B-Land for the Sardar Sarovar Project as permitted by the Tribunal
including in particular, costs of acquisition of lands in Madhya
Pradesh and Maharashtra and of rehabilitation of oustee families
in Madhya Pradesh and Maharashtra.
V (2) (i) As soon as practical after the publication of the decision
of the Tribunal in the official Gazette and in any case before expiry
of three months thereafter, both Madhya Pradesh and Maharashtra
shall furnish to Gujarat three sets of Majmuli/Taluka maps of all
talukas in their respective territories likely to be submerged wholly
or partly under Sardar Sarovar. These maps shall indicate village
boundaries. Within three months after the receipt of the Majmuli/Taluka
maps Gujarat shall mark thereon the boundary of the area situated
below the FRL as also that between FRL and MWL including the area
affected by back water resulting from MWL and shall return one respective
set so marked to Madhya Pradesh and Maharashtra.
V (2) (ii) As soon as practicable after the receipt of one set of
the Majmuli/Taluka maps marked as aforesaid and in any case within
six months thereof, the Government of Madhya Pradesh and Maharashtra
shall publish notifications under sub-section (1) of section 4 of
the Act notifying that the lands in their respective territories
situated below the FRL, and buildings with their appurtenant lands
between FRL and MWL, as also those affected by the back water effect
resulting from ML (to be specified in the notifications) are likely
to be needed for the Sardar Sarovar Project.
V (2) (iii) As soon as practicable after publication of the decision
of the Tribunal in the official gazette as referred to and in any
case within one year thereof, Gujarat shall intimate to Madhya Pradesh
and Maharashtra year-wise programme of construction of the dam.
V (2) (iv) Objections, if any, received against the proposed acquisition
of lands as notified under Section 4 of the Act shall be heard and
disposed of and any reports to the State Governments as contemplated
by sub-section (2) of Section 5 (A) of the Act shall be made with
utmost expedition. The Government of Madhya Pradesh and Maharashtra
shall issue requisite notifications under section 6 of the Act with
utmost expedition and in any case before the expiry of three years
from the dates of publication of the respective notifications under
sub-Section (1) of Section 4 of the Act.
V (2) (v) As soon as practicable, after receipt of the year-wise
programme of construction of the Sardar Sarovar Dam from Gujarat
both Madhya Pradesh and Maharashtra in consultation with Gujarat
shall finalize their respective year-wise programme of completing
the proceedings for compulsory acquisition of land in their respective
territories up to the stages of making awards under section 11 of
the Act and of taking possession of the lands under Section 16 of
V (3) (i) Gujarat is required to pay to Madhya Pradesh and Maharashtra
compensation for compulsory acquisition of lands, market value of
Government lands to be conveyed to Gujarat and expenditure to be
incurred in connection with the rehabilitation of oustees families
to be rehabilitated in Madhya Pradesh and Maharashtra as hereinbefore
provided. Madhya Pradesh and Maharashtra on or before 30th September
of each year intimate to Gujarat the amounts (required to be paid
by Gujarat to Madhya Pradesh and Maharashtra respectively having
regard to (a) the extent of lands in Madhya Pradesh and Maharashtra
in respect of which awards are likely to be made under Section 11
of the Act (b) the extent of Government lands likely to be conveyed
by Madhya Pradesh and Maharashtra to Gujarat during the next financial
year and (c) the expenditure likely to be incurred by Madhya Pradesh
and Maharashtra in connection with rehabilitation of oustee families
in Madhya Pradesh and Maharashtra during the next financial year.
In arriving at these estimates for the next financial year, Madhya
Pradesh and Maharashtra shall also take into account the difference,
if any, between the payments made by Gujarat in pursuance of this
clause for the current financial year and the amount actually payable
during the said financial year.
V (3) (ii) On the basis of these estimates, Gujarat shall on or
before the 31st May of the following financial year make payments
to Madhya Pradesh and Maharashtra of the amounts estimated as provided
in Clause V (3) (i) above.
V (3) (iii) Gujarat shall at each successive stage of submergence
intimate to Madhya Pradesh and Maharashtra the area coming under,
submergence at least 18 months in advance. The inhabitants of the
area coming under the respective stages of submergence will be entitled
to occupy or use their properties without being required to pay
anything for such occupation and use till a date to be notified
by the State concerned which date shall not be less than six months
before submergence. They must vacate the area by the notified date.
V (4) (i) On payment of the amounts to be paid each year by Gujarat
as compensation for compulsory acquisition of lands as aforesaid,
Madhya Pradesh and Maharashtra shall, as expeditiously as possible,
complete the acquisition and transfer such lands to Gujarat so as
to vest the lands in Gujarat to be used only for the purpose of
submergence and subject to clauses V (5) to (8) of these directions.
V (4) (ii) On payment of the market value of Government lands by
Gujarat as hereinbefore provided Madhya Pradesh and Maharashtra
and the Union of India shall convey such lands to Gujarat so as
to vest in Gujarat to be used only for the purpose of submergence
and subject to Clauses V (5) to (8) of these directions.
V (5) Gujarat shall pay to Madhya Pradesh and Maharashtra in accordance
with the respective Land Revenue Codes, the amount of land revenue
payable every year or the lands in their respective territories
acquired for Gujarat or conveyed to it, at the rates prevailing
in Madhya Pradesh and Maharashtra respectively form time to time.
V (6) Madhya Pradesh and Maharashtra, as the case may be, shall
remit each year to Gujarat any revenue which they may derive from
the cultivation of lands which get periodically exposed in Sardar
Sarovar, after deducting collection charges for the same.
V (7) Notwithstanding vesting in Gujarat of the lands coming under
submergence, Madhya Pradesh and Maharashtra shall continue to enjoy
all rights of sovereignty intact over the submerged areas in the
V (8) Madhya Pradesh and Maharashtra respectively shall be exclusively
entitled to all rights of fishing, boating and water transportation
over the part of lake over the submerged land within Madhya Pradesh
and Maharashtra respectively, provided, however, that such right
is not exercised to the prejudice of any utilities of the Sardar
Sarovar Project of cause hindrance in the legitimate performance
of their duties by the Project personnel.
V (9) All residual rights not specifically transferred to Gujarat
in respect of the lands coming under submergence shall continue
to vest in the Government in whose territory they are situated.
V (10) In the event of the said lands not being used for the purpose
of submergence for which it is acquired, the State of Gujarat shall
retransfer such land to Madhya Pradesh or Maharashtra as the case
may be, subject to the condition that Madhya Pradesh or Maharashtra
refund to Gujarat the amount of compensation received from Gujarat
in respect of such land.
V (11) In the event of any land acquired for rehabilitation of oustee
families is not used for the purpose, it shall be returned to the
original owner on payment, where feasible or otherwise disposed
of and due credit given to Gujarat.
V (12) All costs incurred by Gujarat on acquisition of land and
rehabilitation of oustees in respect of Sardar Sarovar shall be
charged to Sardar Sarovar estimate, Unit-I-Dam and Appurtenant Works.
Nothing contained in Clause XI shall prevent the alternation, amendment
and modification of all or any of the foregoing clauses by agreement
between all the party States.