TMI Blog2022 (11) TMI 1140X X X X Extracts X X X X X X X X Extracts X X X X ..... , in respect of the villages, the reports of which were not approved prior to 28.10.2015. Accordingly, the compensation based upon the market value for the four villages i.e., Tumulia, Jhupuranga, Ratansara, and Kirpsara have to be re-determined in accordance with the provisions of the First Schedule to the R R Act, 2013. Since the extent to land involved, identification of land owners, and the basic market value along with solatium and interest payments, have been determined, the only additional exercise which the Commission has to carry out is the differential payable after the re-determination in respect of all the elements i.e., the market value, solatium, and further interest. It is also further clarified that the villages in respect of which this court has already approved reports of the Commission, and entitlements have been determined, even availed of, or pending implementation, i.e., the other ten villages, the issues shall stand finalized - there can be no re-determination on the basis of the present judgment. Whether the R R Policy 2006 applied, or the subsequent policy of 2013? - If the latter policy (of 2013) applied, then for the purpose of employment benefits, wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consultation with the Collector. The Collector will hold hearings, after giving due publicity to the land owners, indicating the place and providing adequate time for all land owners and stakeholders to be present. Having considered the views of the land owners, the Collector will, with the involvement of three nodal officers to be specially assigned with the task of implementation of the resettlement policy, by coordinating with all State agencies, finalise and approve the plots. This process should be completed within nine months of judgment of this court. The Court is also of the opinion that the development of such plots should not exceed 15 months in all. This court is constrained to adopt the procedure indicated, having regard to the fact that the process of compensation determination, identification of resettlement sites and development has taken inordinately long during which the displaced families must have undergone multiple changes by births and death. It would therefore, be appropriate and in the interests of justice, that at some stage, the entire rehabilitation and resettlement process is brought to an end and the land owners are provided resettlement and rehabi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e members, and should be of the rank and status of Additional Secretary, with experience in the Social Welfare or Revenue Departments at senior levels - It is further directed that all concerned landowners who have continued to occupy the lands shall vacate it upon the deposit of compensation. MCL shall be immediately granted possession of such lands. The Collector or the concerned authority shall issue a certificate in this regard which shall entitle them to the one-time rehabilitation payment or payment in lieu of compensation or any other benefit under the Act, according to the choice exercised by them in the manner indicated. Application disposed off. - MISCELLANEOUS APPLICATION NO. 231 OF 2019 AND SPECIAL LEAVE PETITION (C) NO(S). 6933 OF 2007 with ONMT.PET. (C) No.540/2019 in SLP(C) No.6933/2007, CONMT.PET. (C) No.541/2019 in SLP(C) No.6933/2007, CONMT.PET. (C) No.542/2019 in SLP(C) No.6933/2007, - - - Dated:- 3-11-2022 - CONMT.PET. (C) No.543/2019 in SLP(C) No.6933/2007, CONMT.PET. (C) No.544/2019 in SLP(C) No.6933/2007, CONMT.PET. (C) No.545/2019 in SLP(C) No.6933/2007, CONMT.PET. (C) No.546/2019 in SLP(C) No.6933/2007, CONMT.PET. (C) No.547/2019 in SLP(C) No.6933/20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... handari, AOR JUDGMENT S. RAVINDRA BHAT, J. 1. The oft repeated aphorism, Justice delayed is justice denied cannot apply with more force than in these proceedings. The applicant writ petitioners (hereinafter, landowners / displaced persons ) have waited for roughly half the number of years that this republic has existed. They predominantly belong to tribal communities, and their lands were first notified and acquired in 1988 for the purposes of coal mining. Yet, they have not been paid compensation. The tangled and torturous journey of their tribulations has been elaborately documented in a previous judgment of this court.( Mahanadi Coal Fields Ltd. Anr v. Mathias Oram Ors., (2010) 11 SCC 269) A. Background 2. Mahanadi Coalfields Ltd. (hereinafter, MCL ) is a subsidiary of Coal India Ltd. (hereinafter, CIL ) the biggest coal producer in the country. MCL was aggrieved by an order (W.P. (Civil) No.11463/2003 (Orissa High Court), dated 13.11.2006) of the Orissa High Court, wherein the High Court directed the Central Government and MCL to immediately proceed under provisions of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (here ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... undertaken), actual physical possession was never taken. The State of Orissa and its officers are directed to assist MCL in taking actual physical possession of the acquired land. 3. Since the matter pertains to an acquisition of 1987 i.e. more than two decades ago, the extent of actual physical possession needs to be reascertained, it is necessary that the genuine landowners, amount of compensation payable, status of possession, use to which the land has been put in the last two decades, is discovered. The entire land needs to be surveyed again. 4. In accordance with the advice of the learned Solicitor General, a Claims Commission needs to be set up with representatives of the Central Government as well as MCL. It is submitted that the Claims Commission will consist of 3 members: (a) A former Judge of the High Court of Orissa (Chairman); (b) An officer who has held a post/office equivalent to the rank of Secretary to the Government of India; (c) An officer to be nominated by the Chairman, Coal India Ltd. The Claims Commission will carry out the exercise referred to above and submit a report on the compensation payable and the persons to whom it should be paid, w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as a precedent. 23. The scheme proposed by Mr Subramanium was shown to Mr Janaranjan Das, the counsel appearing for the respondent-writ petitioners and he also gave his express consent to it. We, accordingly, approve the scheme but with certain clarifications and modifications as stated below. 24. We nominate Mr Justice A.K. Parichha, a former Judge of the High Court of Orissa as Chairman of the Commission. Mr Solicitor General in consultation with the Secretary, Ministry of Coal, Government of India, shall nominate an officer who has held a post/office equivalent to the rank of Secretary to the Government of India as one of the members of the Commission within two weeks from today. Similarly, the Chairman, Coal India Ltd. shall nominate an officer as the other member of the Commission. Mr Justice A.K. Parichha, shall be paid honorarium equal to the monthly salary of a sitting High Court Judge and he shall be entitled to all other facilities as available to a sitting Judge of the High Court. The officer nominated by Mr Subramanium/Secretary, Ministry of Coal, Government of India, shall similarly be entitled to honorarium and other facilities available to a serving officer o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facts of the case, we also fully endorse the Commission's decision in regard to the date with reference to which the market value of the lands under acquisition is to be determined. Secondly, in regard to fixing the rate of compensation, the Amicus submitted that the Commission had followed a very scientific approach which was fit to be approved by this Court. We accept the method adopted by the Commission for fixing the rate of compensation and the actual mounts of compensation determined for payment to the individual landholders. Thirdly, in regard to the. rehabilitation policy, the Commission has applied the rehabilitation policy of the year 2006 as it is more liberal and beneficial for the landholders in comparison to the earlier rehabilitation policy of the year 1998. On this score also, we entirely agree with the view taken by the Commission. In short, we accept the Commission's report in all respects and make, it an order of this Court. At this stage, we would like to draw the attention of the Commission to some other aspects of the matter as suggested by the Amicus. The Amicus rightly submitted that setting up of schools and health centres in the villages ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Coal Fields Ltd. and the local administration shall render full help, -assistance and cooperation in the work of the Commission and in implementation of the Commission's directions in regard to payment of compensation and the rehabilitation package admissible to the concerned landholders. Let copies of the Part-II Report of the Commission be given to the Amicus, Gp. Captain Karan Singh Bhati and Mr. Ashok Panigrahi, counsel for the parties, and after that it may be kept in a sealed cover. 6. Following the Gopalpur model, the Commission submitted reports for villages Balinga, Bankibahal, Sardega and Tiklipara. By its order dated 08.08.2012, this court approved those reports and observed that the Commission may follow (as far as practicable) the same basis in other villages for which compensation was yet to be fixed. The relevant part of that order is extracted as follows: A further report is received from the Claims Commission, Bhubaneshwar, under the title Recommended Composite Compensation Package for Village Balinga, Bankibahal, Sardega and Tikilipara. We accept and approve all the recommendations made by the Commission and request it to proceed further on the bas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (namely Balinga, Bankibahal, Garjan Bahal, Gopalpur, Karlikachar, Kunda, Sardega and Tiklipada) on or before 31st July 2017, and to ensure disbursement of compensation to all the beneficiaries of the 2 villages, (namely Siarmal and Bangurkela) on or before 31st November, 2017. (iii) The Divisional Commissioner, Sambalpur, to make adequate efforts to trace the persons who have not turned up to receive compensation. The Collectors concerned will contact their counterparts in States where awardees are known to migrate, and adopt suitable methodologies to identify the concerned person. (iv) Issue directions to the authorities of MCL to furnish a list, jointly verified by the Collector and the Assistant Revenue Officer indicating the names of the all awardees of compensation, the dates when they were entitled to payment, the actual dates when payment was made and whether that payment included interest, to the Claims Commission as well as the Learned Counsel appearing on behalf of the Respondent parties. (v) It may be clarified that even with respect two villages (namely Siarmal and Bangurkela) , when the payment of compensation is made, interest, as payable, will be determined ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (xvii) Fresh notices be issued by the Commission in respect of awardees who have not received monies (xviii) In respect of awardees who have not been paid money in time, interest is payable and such interest be awarded at a rate not exceeding 15% by the Commission calculating the same with reference to the orders of this Hon'ble Court. (xix) It awardees disbursed and MCL, is also necessary that including the names a list of all the and the amounts by the Collector to the Claims to them, jointly signed must be made available Commission as well as counsel for the oustees forthwith, (xx) In so far as acquisition of additional land for resettlement and rehabilitation is concerned, suitable assistance will be offered by the State authorities including the Divisional Commissioner Sambalpur. We are broadly in agreement with the recommendations made by the learned Amicus. We, however, leave it open to the appellants or any other affected parties to put forward their objections before the High Court/Commission since we are inclined to leave such matters to be dealt with by the High Court/Commission. With regard to recommendation XIV, learned counsel for the appellants ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Constitution Bench in Indore Development Authority v. Manohar Lal Ors. Indore Development Authority (LAPSE-5 J.) v. Manoharlal, (2020) 8 SCC 129 to urge that provisions of the 2013 Act relating to determination of compensation must therefore apply. It was also urged that a tabular chart furnished by the District Collector, Sundargarh, indicated that at least in respect of six sites in different villages, no certificate of completion had been issued by the competent authority, and with respect to two other sites, resettlement and rehabilitation work was still at a primary stage. 10. Several applications were moved: some by MCL, and many more by the landowners, seeking a range of directions. In addition, some contempt proceedings were also initiated, submitting that the directions of this court were not complied with altogether, or not implemented appropriately. All these applications were heard by this court. This judgment will thus dispose of all those applications and contempt petitions. 11. During the course of the hearings, counsels for the parties addressed submissions on the following issues: i. Point no. 1: The date or dates on which compensation became ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... omised and guaranteed under the Constitution hardly ever reach the most marginalised citizens. (Mahanadi Coalfields Ltd. case [Mahanadi Coalfields Ltd. v. Mathias Oram, (2010) 11 SCC 269 : (2010) 4 SCC (Civ) 450 : JT (2010) 7 SC 352] , SCC p. 273, para 10) For people whose lives and livelihoods are intrinsically connected to the land, the economic and cultural shift to a market economy can be traumatic. (Vide State of U.P. v. Pista Devi [(1986) 4 SCC 251 : AIR 1986 SC 2025] , Narpat Singh v. Jaipur Development Authority [(2002) 4 SCC 666 : AIR 2002 SC 2036] , Land Acquisition Officer v. Mahaboob [(2009) 14 SCC 54 : (2009) 5 SCC (Civ) 297] , Mahanadi Coalfields Ltd. v. Mathias Oram [Mahanadi Coalfields Ltd. v. Mathias Oram, (2010) 11 SCC 269 : (2010) 4 SCC (Civ) 450 : JT (2010) 7 SC 352] and Brij Mohan v. HUDA [(2011) 2 SCC 29 : (2011) 1 SCC (Civ) 336] .) The fundamental right of the farmer to cultivation is a part of right to livelihood. Agricultural land is the foundation for a sense of security and freedom from fear. Assured possession is a lasting source for peace and prosperity. India being a predominantly agricultural society, there is a strong linkage between the la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all. (emphasis supplied) 31. Thus, from the above referred judgments, it is evident that acquisition of land does not violate any constitutional/fundamental right of the displaced persons. However, they are entitled to resettlement and rehabilitation as per the policy framed for the oustees of the project concerned. With this context, an analysis of each of the aforementioned points is elaborated in the following sections. I . Cut-off date 13. Mr. Prashant Bhushan, learned counsel appearing for some landowners and groups representing them, argued that the Commission s report for Gopalpur was accepted by this court, whereby the effective date for the computation of compensation was held to be the date of notice of survey. It was submitted that given that compensation and rehabilitation determination had been unduly prolonged, this court ought to clarify that the date of survey of the concerned village should be the effective date, rather than the date of survey in the case of village Gopalpur, which was in September 2010. It was argued, that adopting this would be consistent, in principle, as anything else would mean that the Commission, and this court, would be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... land holders but was entirely due to slackness on the part of the Government of India and the beneficiary company, MCL. We, therefore feel that the proper compensation for the lands to the land holders cannot be given unless the cut-of date is brought to the date of notice published by the Claims Commission for survey of the1ands as per the direction of the apex Court. We, accordingly, recommend the cut-off date to be September, 2010 and for assessment of the compensation of the lands of Gopalpur as per the market rate prevalent in 2010-11. 16. The approach adopted in relation to village Gopalpur for determining compensation amounts and fixing the cut-off date as September 2010, was applied in relation to other villages such as Sardega, Balinga, Bankinahal, Tiklipara, Garjanbahal, and Kulda by this court s order dated 08.08.2012, and on 10.04.2013, the Commission s report was endorsed and accepted. By another order dated 15.07.2013, the court accepted the Commission s report for village Karlikachhar. Given these facts, this court is of the opinion that there is merit in the contention of MCL, that compensation amounts should be determined having regard to one single cut-off d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owners have not been able to demonstrate how the adoption of Gopalpur cut-off would prejudice them in any manner. No sale deed or market value or documents disclosing significant change in market value between 2010 and 2013-14 has been disclosed. Thirdly, all land owners regardless of whether the survey for compensation determination took place in 2011, 2012, or 2013 would in any case be entitled to interest, at statutory rates if the Gopalpur cut-off date is accepted. This would result in statutory interest accruing in favour of the land owners, upon the acceptance of the report, which would be over and above the compensation determined on the basis of the market value determined as well as the solatium. This would offset the prejudice, if any, caused due to basing the compensation determination on the Gopalpur cut-off dates. In terms of the State policy, a rehabilitation and resettlement development advisory committee (hereinafter, RPDAC ) is constituted by the State Government and tasked with implementation of rehabilitation measures. The rehabilitation and resettlement plan has to be prepared by the Collector after consultation with displaced families. The resettlement site is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had categorically settled the position vide its order dated 25.10.2013. The order of this court had clarified that only the Third Schedule of the R R Act 2013, would be applicable, with regard to infrastructure for resettlement, etc. So far as award of compensation was concerned, this court had already affirmed the Commission s approach while approving the Gopalpur report and the same would govern all the villages under the acquisition. In case any deviation was made with regard to award of compensation in any of the villages, it would open up a Pandora s box and all the claims which were settled following the Gopalpur model would open up, resulting in a never-ending process. It was further submitted that MCL, despite having paid a huge amount of over ₹2,000 crores, had not yet received physical vacant possession of most of the land, for which compensation was already disbursed, and rehabilitation and resettlement benefits granted. 22. The Commission had dealt with and rejected the claim for payment of compensation under the R R Act 2013, observing as follows: 8.9 Many land oustees filed Claim Cases with a prayer to provide them compensation under the Right to Fair C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he said Act, read as follows: 11. The Coal Bearing Areas Acquisition and Development Act, 1957 (20 of 1957) 24. By virtue of Section 105, read with the Fourth Schedule, therefore, the R R Act 2013, was not applicable to acquisitions made under the CBA Act. However, by Section 105(2), the Central Government had issued a notification: Direct that any of the provisions of this Act relating to the determination of compensation in accordance with the First Schedule and rehabilitation and resettlement specified in the Second and Third Schedules, being beneficial to the affected families, shall apply to the cases of land acquisition under the enactments specified in the Fourth Schedule or shall apply with such exceptions or modifications that do not reduce the compensation or dilute the provisions of this Act relating to compensation or rehabilitation and resettlement as may be specified in the notification, as the case may be. 25. The Ministry of Coal, Central Government issued a clarification dated 04.08.2017 on the applicability of First, Second and Third Schedules of the R R Act, 2013 in cases of acquisition of lands under the CBA Act. The clarification stated as under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accordance with the Second and Third Schedules of that Act. It was pursuant to this mandate, that on 28.08.2015 the Central Government issued a notification in terms of Section 105(3). However, the Central Government chose to exercise its power to remove difficulties, under Section 103. This seems to be because the notification was issued on 28.08.2015 beyond the period prescribed in Section 105(3). Nevertheless, the spirit of the statutory injunction to make the beneficial provisions of the R R Act, 2013 applicable to compensation determination and resettlement or rehabilitation measures, was complied with in effect and substance. 28. MCL relied upon the order of this court dated 25.10.2013 and urged that only the benefits of the Third Schedule could be availed by the landowners. Those provisions relate to the obligation to provide amenities. At the same time, this court has to be conscious of the fact that when that order was made, the R R Act, 2013, as we know of today, was not even law it was sought to be introduced in Parliament through a Bill. The order of 25.10.2013 only expressly alludes to the Bill. In other words, the court could not foresee the sequence in which th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ;5 lakh and annuity policies which were to yield not less than ₹2000/- per family per month for 20 years, plus subsistence grant for displaced families for one year, and one time resettlement allowance of ₹50,000/-, among others, is assured. The Third Schedule to the R R Act, 2013 outlines the infrastructural amenities which the State has to ensure, in the case of families and people displaced to large scale acquisition proceedings. 32. Having regard to the provisions of the R R Act, 2013 especially the First, Second and Third Schedules thereof, the position taken by MCL in this Courts opinion cannot be countenanced. Undoubtedly the Gopalpur model of determining compensation applied in respect of the villages for which reports were prepared and approved by the Courts (Gopalpur, Sardega, Balinga, Bankibahal, Tikilipara, Garjanbahal, Kulda, Karlikachhar, Siarmal, and Bangurkela). However, in regard to four villages i.e., Tumulia, Jhupuranga, Ratansara, and Kirpsara, no award has yet been approved. The report for Tumulia village was prepared on 04.04.2020 and thereafter filed in court, awaiting its approval. The report in respect of the village Jhupuranga has been plac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... settlement either in terms of the State law or policy or the provisions of the Act. It was submitted that for the purposes of deciding such package and resettlement benefits, the cut-off date should be the date on which the survey was first conducted in relation to the concerned village. The learned counsel therefore submitted that the approach of the Commission in confining itself to the R R Policy 2006 and denying the later beneficial provisions through the amendment of 2013 is untenable. 36. On behalf of MCL, it was argued that the Commission s approach in calculating the rehabilitation and resettlement benefits in the R R Policy 2006 is sound. It is submitted that the arguments on behalf of the land owners assumes that the acquisition in the present case was made under the R R Act, 2013. In fact, the old Land Acquisition Act was inapplicable; what applied was the CBA Act. Therefore, the policy which inured in favour of the land owners was embodied in the R R Policy 2006. That was also in force when the judgment of this court was delivered pursuant to which Gopalpur report was approved. Besides, the subsequent reports have also gone by the 2006 policy. In these circumstances, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... separate family for the purpose of extending rehabilitation benefits under this policy. (i) A major son irrespective of his marital status. (ii) Unmarried daughter/sister more than 30 years of age. (iii) Physically and mentally challenged person irrespective of age and sex; (duly certified by the authorized Medical Board). For this purpose, the blind/the deaf/the orthopedically handicapped/mentally challenged person suffering from more than 40% permanent disability will only be considered as separate family. (iv) Minor orphan, who has lost both his/her parents. (v) A widow or a woman divorcee. 39. By clause 4 of the policy, survey and identification of displaced persons are to take place. By clause 7(ii), physical displacement cannot be made before the completion of resettlement work; by clause 7(v), provisions relating to rehabilitation are to be given effect from the date of actual vacation of the land. Clause 8 outlines rehabilitation assistance. Where displacement is on account of Type B(II), i.e., mining project which results in displacement of land owners, the benefits of rehabilitation and resettlement are as follows: II. Type B: Mining Projects (a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (vi) 1.00 (b) Training for Self-employment Project authority under the guidance of the Collector concerned will make adequate arrangement to provide vocational training to at least one member of each displaced/other family so as to equip him/her to start his/her own small enterprise and refine his/her skills to take advantage of new job opportunities. For those engaged in traditional occupations/handicrafts/handlooms, suitable training shall be organized at the cost of project authority to upgrade their existing skills. (c) Convertible Preference Share: At the option of the displaced family the project authority may issue convertible preference share upto a maximum of 50% out of the one-time cash assistance as mentioned in sub para (a) above. (d) Provision for homestead land: Subject to availability, each displaced family will be given at least 1/10th of an acre of land free of cost in a resettlement habitat for homestead purpose. (e) Assistance for Self-relocation: Each of the displaced family who opts for self-relocation elsewhere other than the Resettlement habitat shall be given a one time cash grant of Rs.50,000/- in lieu of homes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ieu of employment employment to at least one member of displaced family or in lieu of this, cash in terms of clause 3; (ii) Provision for homestead land (subject to availability) entitles each displaced family at least 1/10th of an acre of land in a resettlement habitat. One time cash grant of ₹50,000/- for those opting for selflocation elsewhere in lieu of homestead land; (iii) House building assistance of up to ₹1,50,000 to each displaced family, settling in the resettlement habitat or opting for relocation elsewhere. Shops and service units to be constructed by the project authorities which are to be allotted in consultation with the Collector to displaced family opting for self-employment. These were subject to preference to physically challenged persons and members of the displaced SC/ST families. 42. By the provisions of the Second Schedule to the R R Act, 2013 all displaced families losing a house in a rural area are entitled to a constructed house in terms of the Indira Awas Yojana specifications. This benefit can also be enjoyed by those who do not have a house but were residing in the area for three years prior to acquisition. In case a family in an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... benefits to displaced persons, such families and individuals have the choice or option to prefer either such policy or local law or the provisions of the R R Act. If one goes by the principle underlying Section 108, clearly the benefits spelt out under the R R Policy 2006, appear to be better, and more elaborate. 45. As noticed earlier, the difference between the Orissa Resettlement and Rehabilitation Policy, 2006, and the amendment in 2013, is with respect to the definition of family . The 2006 policy inter alia, defines family as the person and his or her spouse, minor sons, unmarried daughters, minor brothers or unmarried sisters, father, mother and other members residing with him or her and dependent on him or her for his/her livelihoods. The note to clause 2 (f) states that, Each of the following categories will be treated as a separate family for the purpose of extending rehabilitation benefits under this policy. It also enumerates a major son and an unmarried daughter/sister of more than 30 years, as a separate family for the purpose of extending rehabilitation. 46. The amendment to the policy, made on 05.08.2013, is that instead of a major son, the expression ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... andson irrespective of his marital status leads one to the same conclusion. Thus, with the amendment of 2013, the basic entitlement of the person affected, and his major son (who is to be treated as a separate family) cannot be denied. The inclusion of a grandson, not as a separate category, but along with the major son, is to ensure that if, for some reason, the son is un-employable, or in turn is aged, or infirm, then, the major grandson would be employed, in his stead. In other words, the proper interpretation of this condition is that the father would be entitled to employment; in case a major son exists, then that major son would too. However, if there are more than one major sons, one among them would be entitled to the benefit, not all. Likewise, failing a major son, i.e., where no major son exists, in that eventuality one major grandson would be eligible for employment. This interpretation is fortified by the fact that an unmarried daughter is treated as a separate unit; earlier, the basic eligibility was subject to attaining 30 years. Now, the age restriction has been done away with. Furthermore, to hold that the individual, one of his major sons, and one major son, would ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this one-time compensation offer from MCL) is better, is to be provided. The concerned Collector is to ensure the same. IV. Point No. 6: Entitlement to housing plots 54. MCL has provided details and particulars with respect to village-wise resettlement benefits in terms of resettlement plots. According to these particulars, of the 3034 total displaced families, resettlement benefits in plots were sanctioned in favour of 1420 families of which such benefits were provided to 1177 families. 1614 families are yet to be sanctioned these resettlement benefits/plots. The chart, which according to MCL reflects the picture as of October 2021, is extracted below: VILLAGE WISE RESETTLEMENT BENEFITS (Up to October 2021) Village Total displaced families Resettlement benefits/plot sanctioned Resettlement benefits/plot provided Balance to be sanctioned Tikilipara 406 212 181 194 Sardega 179 174 152 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shortly. 5 Badkhalia 55.44 275 0 Karlikachar, Bangurkela Temporary road construction for approaching the site has been completed. Proposal for development various activities of the site for an amount of Rs.27.00 crores proposal approved and e-tender has been invited on Dt:31.07.2020. Tender opened on Dt:29.08.2020 and Work order has been issued on Dt:24.11.2020. 6 Sarangijharia 88.00 440 0 Gopalpur 22 nos. of proposal regarding development of R R site Sarangijharia has been processed and sent MCL HQ for approval. 56. During the hearing, MCL argued that there was reluctance on part of the villagers regarding resettlement sites which has created problems for it. It was therefore, urged that the concerned collector should in a time bound manner finalise the sites after which MCL should also be given time-bound directions to develop them. In the alternative, it was urged that instead of long drawn out rehabilitation/resettlement process, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of this court, it would, in the fitness of things, be appropriate that such of the resettlement plots which have been acquired, should be developed in consultation with the Collector. The Collector will hold hearings, after giving due publicity to the land owners, indicating the place and providing adequate time for all land owners and stakeholders to be present. Having considered the views of the land owners, the Collector will, with the involvement of three nodal officers to be specially assigned with the task of implementation of the resettlement policy, by coordinating with all State agencies, finalise and approve the plots. This process should be completed within nine months of judgment of this court. The Court is also of the opinion that the development of such plots should not exceed 15 months in all. 61. In case the number of plots is inadequate, the Collector concerned shall secure the options in the first instance from displaced families, whether they would like to be allotted a plot or take lumpsum compensation in lieu thereof. Having secured these options, in case the number of land owners exceeds the number of plots, the Collector shall ensure that the resettle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... materials on record show that those resettlement sites have been earmarked and are at different stages of development. The mandate of the law i.e., the Third Schedule to the R R Act, 2013 is very clear in that all the amenities to the extent they conform to the population in each of the resettlement areas have to be provided. In these circumstances, there may be no escaping these obligations. The State Government, through its appropriate agencies should draw up a comprehensive plan for creation of such amenities and ensure that they are functional so as to complete rehabilitation and resettlement in a meaningful manner. 65. It was urged during the course of submissions on behalf of the villages Ratansara by Ms. Kamalpreet Kaur, learned advocate, that the benefits existing for individuals from Scheduled Tribes have to be protected. It was submitted in this regard that Sundergarh, where the acquisition has taken place, is covered by Fifth Schedule to the Constitution of India. Sections 41 and 42 of the R R Act, 2013 read as follows: 41. Special provisions for Scheduled Castes and Scheduled Tribes. (1) As far as possible, no acquisition of land shall be made in the Schedule ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tes in disregard of the laws and regulations for the time being in force shall be treated as null and void, and in the case of acquisition of such lands, the rehabilitation and resettlement benefits shall be made available to the original tribal land owners or land owners belonging to the Scheduled Castes. (10) The affected Scheduled Tribes, other traditional forest dwellers and the Scheduled Castes having fishing rights in a river or pond or dam in the affected area shall be given fishing rights in the reservoir area of the irrigation or hydel projects. (11) Where the affected families belonging to the Scheduled Castes and the Scheduled Tribes are relocated outside of the district, then, they shall be paid an additional twenty-five per cent. rehabilitation and resettlement benefits to which they are entitled in monetary terms along with a one-time entitlement of fifty thousand rupees. 42. Reservation and other benefits. (1) All benefits, including the reservation benefits available to the Scheduled Tribes and the Scheduled Castes in the affected areas shall continue in the resettlement area. (2) Whenever the affected families belonging to the Scheduled Tribes who are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n to ensure that the benefits of the displaced persons are not put to grave and irreparable prejudice by denying them their status as SC/ST, has to be ensured. This is mandated by Section 42 of the R R Act, 2013 which directs that whenever lands of SCs/STs are acquired necessitating their displacement, either in terms of territories or the areas they reside in, leading to their movement to other areas - where their tribe or caste may not necessarily be recognised as SCs/ST - the status which they enjoy but for the displacement has to be preserved and protected. In the opinion of this court, this statutory mandate and obligation cannot be denied by the State or agency, as a matter of law. As a result of the above discussion, it is held that: i. The facilities and amenities set out in the Third Schedule to the R R Act, 2013 have to be necessarily provided to the displaced families involved in this case in the resettlement areas where they are located and where they ultimately move to; and ii. In this case, all members of SC/ST who are forced to move from their lands on account of the acquisition do so involuntarily. They are consequently entitled to the right to be treated as m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the opinion that the Commission could not reopen determinations based upon change of policies of the State given that the benefits adjudicated by it based on factual determinations has crystallised. In many cases, MCL has actually provided employment to several individuals. Consequently, it is held that all cases that have been adjudicated and were approved by this court cannot be reopened. iv. Re point no. 6: a. On the point of housing plots, it is hereby declared and directed that the State and MCL are under an obligation to ensure that the land acquired by it in those areas which are to be developed, have to be developed. The State Government shall ensure that at least three nodal officers from the departments concerned are deployed for facilitating this task of coordinating with all agencies and ensuring that the development of the plots duly takes place to enable the Collector to make the necessary allotments within the time indicated. These nodal officials shall be duly empowered by the state, through appropriate notifications to issue all necessary consequential orders, for the implementation of resettlement and rehabilitation measures. The Chief Secretary of the Oris ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is taken up as far as possible and completed within that time frame. Consequently, the Commission shall finalize the reports for villages Kiripsira and Ratansara. As regards the reports of Jhupuranga, and Tumulia, the Commission shall complete the task of redetermining compensation within three months. The State shall ensure that compensation in respect of four villages is determined in accordance with the R R Act, 2013. Wherever compensation has not actually been disbursed, the State shall do so within 6 months from pronouncement of this judgment. vii. MCL is under an obligation to ensure that employment benefits are granted and extended and offers are made in accordance with the 2013 policy in all cases where the lists of those who opted for employment has not been finalised. It is clarified in this regard that wherever employment has been obtained, the same shall not be reopened. Likewise, the question of reopening entitlements for employment, based upon the interpretation of this court shall not be reopened in case of villages where reports have been accepted through previous orders. viii. In the event any family undertakes that its members are not desirous or do not wis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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