The Claims Commission cannot reopen finalized compensation cases or entertain new issues outside its established mandate, as directed by previous court judgments.

JUDGMENT

BELA M. TRIVEDI, J.

1. The captioned M.A. No. 2662 of 2023 in M.A. No. 231/2019 has been filed by the Secretary-cum-Administrative Nodal Officer, Claims Commission, Bhubaneswar seeking extension of time to finalise the report of village Ratansara.

2. The captioned M.A. (D) No.28318/2024 in M.A. No.231/2019 has been filed by the Applicant - Manikeswari Bisthapita Committee through its Secretary praying to direct the Commission to prepare the PAF/PDF list determining R&R benefits of any or all four remaining Villages namely Tumulia, Jhupurunga, Kiripsira and Ratansara out of 14 villages acquired by the MCL in compliance of the order dated 03.11.2022 passed by this Court in M.A. No. 231 of 2019.

3. The captioned M.A. (D) No.30630/2024 has been filed by the eight applicants praying to direct the Commission to decide their cases at the earliest.

4. It may be noted that the Claims Commission had submitted the status report showing the progress of the proceedings before it as on 27.06.2024, pursuant to the order passed by this Court on 23.01.2024. Vide the said order dated 23.01.2024, this Court had extended the term of the Commission till 15.07.2024, after recording the statement of the Secretary of the Commission that the Commission shall finalise the claims in respect of Village Ratansara by June, 2024. This Court had also directed the Commission to submit the report with regard to the finalization of the claims in respect of the Village Ratansara on or before 01.07.2024. The Commission, therefore, has submitted the report dated 01.07.2024 updating the Court about the term of the Commission and the work pending with the Commission.

5. As per the Status Report submitted by the Claims Commission, the work pending before the Commission as on 27.06.2024 was as under: -

“(i) To dispose of 2836 (2581 as on 31st December, 2023 + 255 in 2024) Nos. of Civil Cases and 232 (228 + 4) Nos. of Misc.

Cases filed by land oustees of 10 villages pursuant to orders of the Hon'ble Supreme Court dated 15.07.2013 and 10.07.2017.

(ii) To dispose of 24 (16+8) Nos. of cases pursuant to the direction of the High Court of Orissa issued in various Writ petitions.

(iii) To dispose of 194 (57+137) Nos. of cases filed by the villagers of Jhupurunga and Tumulia after finalization of the Report for substitution of legal heirs of awardees and correction of computer-generated mistakes.

(iv) To Certify suitability of Rehabilitation sites for shifting of eligible land oustees who are entitled to R&R benefits. Once the Rehabilitation site is ready, the Commission shall issue necessary certificate as directed by the Hon'ble Supreme Court vide order dated 10.7.2017.

(v) Determination of R&R benefits of land oustees of 4 acquired villages namely Jhupurunga, Tumulia, Kiripsira and Ratansara by the Commission subject to appropriate direction of the Hon'ble Supreme Court to that effect.”

6. The Original Writ Petitioner i.e., Mahanadi Coalfields Limited (MCL) has filed a detailed reply to the Part-I report for Village Ratansara dated 27.06.2024 and to the progress status report dated 27.06.2024. Raising objections against the report of Village Ratansara dated 27.06.2024 submitted by the Claims Commission, the MCL has stated that the Claims Commission had completely erred in its methodology of calculating the compensation for Village Ratansara and has also ignored the express directions of this Court given vide judgment dated 03.11.2022 passed in M.A. No. 231 of 2019 in SLP (C) No. 6933 of 2007.

According to the MCL, since the MCL had objected to the Commission’s methodology of calculation, this Court vide the order dated 10.10.2023 had transferred the issue to the High Court of Orissa. The W.P. (C) No. 39185 of 2023 preferred before the High Court in this regard is pending. It is further stated by the MCL that so far as the payment of compensation for the structures was concerned, the MCL has already made payment without prejudice to rights and contentions as regards the calcula