The Supreme Court on Thursday declined to entertain a plea seeking a direction to modify its 2017 order, for payment of final compensation of Rs 60 lakh to each of the families affected by the Sardar Sarovar project on the river Narmada.
Senior advocate Sanjay Parikh, representing one of the ousted, contended before a bench headed by Justice D.Y. Chandrachud in terms of the Narmada Water Disputes Tribunal, the applicant’s entitlement should have been for 4.293 hectares of land.
The top court said the final settlement package has been determined as Rs 60 lakh for each family, adding that it is difficult to modify the order, as it will be a substantive review of the order of this court.
Additional Solicitor General Aishwarya Bhati, representing the Centre, submitted that the 2017 order was passed under Article 142.
Parikh contended that a careful reading of the apex court order would establish that the actual compensation would come to be Rs 1.28 crore, as the compensation would have to be Rs 30 lakh per hectare. Bhati said a modification or clarification of the apex court order cannot be passed as it would lead to a substantive review of its decision.
The top court said the directions issued by it under Article 142 of the Constitution are not susceptible to clarification or modification in this application. It added: “We find no merit in this application… the application is dismissed.”
In February 2017, the top court passed directions for compensation to the oustees of the Sardar Sarovar Project (SSP) on river Narmada in Madhya Pradesh. Then, it had ordered compensation of Rs 60 lakh for each of the families, which would be displaced.
The top court also directed that an undertaking would have to be taken from the families to vacate the land within one month, and if they fail to vacate, then authorities would evict them.