The National Commission for Backward Classes has the constitutional authority to ensure compliance with rehabilitation and resettlement agreements for backward classes, affirming its role in safeguarding their interests.

ORDER :

1. The petitioner/Karnataka Power Corporation Limited (hereinafter referred to as ‘the Corporation’ for short) is before this Court calling in question notices dated 28-02-2024, 04-03-2024 and 13-03-2024 issued by the 1^st respondent/National Commission for Backward Classes (hereinafter referred to as ‘the Commission’ for short).

2. Heard Sri K. Shashikiran Shetty, learned Advocate General appearing for the petitioner and Sri K. Arvind Kamath, learned Additional Solicitor General of India appearing for the respondents.

3. Facts, in brief, germane are as follows:-

3.1. The Corporation, a Government of Karnataka undertaking has coal based thermal power plants in Raichur and Bellary for the purpose of generation of power. Since these plants require supply of coal, the petitioner is allotted coal blocks in Chandrapur District by the Ministry of Coal, Government of India for coal requirements i.e., allotment from Baranj I-IV, Manoradeep and Kiloni coal blocks. In terms of the allotment of coal blocks, the petitioner is supposed to carry out rehabilitation and resettlement in respect of occupants of the villages and persons affected by mining activities. In furtherance of the allotment, an agreement is entered into for rehabilitation and resettlement (hereinafter referred to as ‘the agreement’ for short) with the Government of Maharashtra for providing rehabilitation and resettlement packages in terms of Maharashtra Project Affected Persons Rehabilitation Act, 1999 and the National Rehabilitation and Resettlement Policy, 2007. All the activities of rehabilitation and resettlement are with reference to the agreement that would be executed by the mine operator.

3.2. The averment in the petition is that during his tenure, the Minister of State, Chemicals and Fertilizers, Government of India had requested certain modifications in the National Rehabilitation and Resettlement Policy,2007. Therefore, a meeting is said to have been convened with the Energy Minister of the Government of Karnataka with the Union Minister. In terms of what was agreed, Clause 4.4 of the agreement stood amended with reference to compensation in lieu of employment to be enhanced from Rs. 3/- lakhs to Rs. 5/- lakhs. It is the further averment that it was also agreed to add a clause for 50% return of land upon mine closure certificate being issued or cash compensation of Rs. 4/- lakhs if the land was not returned. The revised agreement was entered into on 15-12-2016. The signatory to the agreement was then appointed as a Chairperson of National Commission for Backward Classes. The Chair Person is said to have summoned the Managing Director of the Corporation by issuance of notice on 14-02-2024 to be present on 21-02-2024 regarding review meeting and all other compliances in terms of the agreement that was entered into between the parties. Further notices were also issued on the subject. The notices were replied and appearances were made by the officers of the Corporation. After about 3 notices, the petitioner has approached this Court in the subject petition contending that the Commission has no jurisdiction to summon officers and abuse the designation of Chairperson.

SUBMISSIONS:

PETITIONER:

4. The learned Advocate General Sri K.Shashikiran Shetty appearing for the petitioner would vehemently contend that the issue is plain and simple. The Chairperson or the Commission has no power to summon officers or coerce compliance with an agreement, which is completely complied with by the State of Karnataka. The learned Advocate General further submits that the agreement would envisage a separate procedure for review mechanism and the person who has signed the agreement is now wanting compliance with the agreement. The Commission, he argued, has no jurisdiction to entertain the plea of any person or any member who has lost the land after having taken compensation. The return of the land is on two conditions viz., (1) on closure of mining activity and (2) payment of Rs.4/- c