Authority: Uttarakhand High Court, Hon'ble Justice Manoj Kumar Tiwari
Order Date: 08 September 2026
Case Overview
- Petitioner: THDC India Ltd (project proponent of Tehri Dam).
- Respondents: State of Uttarakhand and others, including Directorate of Rehabilitation (respondent no.2) and Grievance Redressal Cell (GRC) of Tehri Dam Project.
- Petition sought quashing of GRC order dated 08‑09‑2017, demand dated 17‑02‑2018 and communication dated 05‑03‑2018, which directed compensation to respondent no.5 for a house situated above Reservoir Level (R.L.) 835 m.
- Petitioner argued GRC was constituted by an interim Supreme Court order dated 24‑04‑2007 and ceased to exist after the SLP (No. 22894 of 2005) was dismissed on 19‑02‑2016, rendering the 2017 decision ultra vires.
- Additional contentions: the complaint was filed seven years after GRC’s constitution, concerned property not acquired nor directly affected by the dam, and the GRC exceeded its jurisdiction by ordering full compensation without specifying ownership.
- Respondents’ counsel defended the GRC decision, asserting the house was unusable for respondent no.5 after migration to Pathri Bagh, Haridwar, and that compensation was consistent with the Rehabilitation Policy.
Final Outcome
- The Court held that the GRC had no jurisdiction post‑SLP dismissal and that the compensation order was unsustainable in law.
- The impugned order dated 08‑09‑2017 is set aside.
- The matter is remitted to the Director, Rehabilitation (respondent no.2) to reconsider respondent no.5’s complaint afresh in accordance with applicable law.
- No order as to costs.
Topics: Legal Judgment, Rehabilitation Policy, Hydro‑Dam Compensation