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 Award.

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 earth".

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 acquired

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 Maharashtra respectively.

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.
(b) Grant-in-aid
In addition, Gujarat shall pay per family grant-in-aid in the following scale:-

(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 standard
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.

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 of Gujarat.

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 accordingly.

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 the Act.

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 respective States.

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.

Sub-clause VI

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.