IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay K. Agrawal, J.
Pyarelal, S/o Shri Shanich Ram - Petitioner
Vs.
South Eastern Coalfields Ltd., Through Its Chairman Cum Managing Director (C.M.D.) and Ors. - Respondents
WPC No. 3076, 3230, 3241, 3237, 3238, 3231, 3077, 3078, 3079, 3080, 3082, 3083, 3085, 3086, 3087, 3088, 3089, 3090, 3091, 3092, 3094, 3095, 3096, 3097, 3098, 3099, 3102, 3104, 3105, 3107, 3108, 3109, 3110, 3111, 3113, 3114, 3115, 3116, 3117, 3121, 3122, 3123, 3125, 3128, 3129, 3130, 3221, 3222, 3219, 3081, 3112, 3106, 3235 of 2016
Decided On : 11-9-2017
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24 (2) - Claim of compensation - land acquisition - Seeking Quashment of said entire land acquisition proceeding including award - Writ petitions have been filed primarily on ground that land acquisition award has been passed whereas compensation was deposited on by South Eastern Coalfields Limited (SECL) and compensation ought to have been deposited by respondent SECL through State before passing of the award and for non-deposit of amount of compensation prior to passing of award is vitiated which cannot be acted upon - It has further been pleaded that the petitioners have withdrawn amount of compensation awarded to them on and possession with petitioners has still not been taken-over and land is not vested free from all encumbrances to State Government and new Land Acquisition Act of has already come into force with effect from and by virtue of provisions contained - Held, Right of land losers to get employment as per rehabilitation policy is extremely important right and that has to be considered in accordance with law and in accordance with the policy in force on date of acquisition of their land and subsequent change in policy will not take away their accrued right if any that has accrued to them by acquisition of their lands - Thus benefit of rehabilitation and employment to land ousted is logical corollary of Article 21 of Constitution of India and denial of employment is volatile of Articles 14 and 15 of Constitution of India as well as Article 21 – Therefore respondents are directed to consider the case of the petitioners for rehabilitation/employment strictly in accordance with policy applicable on date of acquisition of their land date of acquisition and such consideration should be made by SECL within days from date of production of a copy of this order - Writ Petitions allowed
1. Since all the above writ petitions involve common question of fact and law, they are being disposed of by this common order.
2. Impugning legality, validity and correctness of land acquisition proceeding case No. 10A/82/2004-05 of Village Budbud, Tahsil Pali, District Korba and also seeking quashment of the said entire land acquisition proceeding including the award dated 6-9-2007, this batch of writ petitions has been filed by the land holders who are 48 in number. Alternatively, they have also prayed to recalculate the compensation granted to them as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 'the Act of 2013') or as per the revised rate announced by the State Government on 19-3-2010 for payment of difference amount of compensation and also to grant interest at the rate of 1% per month to the petitioners from the date the revised rate of compensation came into effect i.e. 19-3-2010. Lastly, it has been prayed that the respondents be directed to frame a proper rehabilitation plan and implement it and extend other rehabilitation benefits also as per the Chhattisgarh Model Rehabilitation Policy, 2007 along with the Madhya Pradesh Rehabilitation Policy, 1991 and also that the petitioners are entitled for regular salary till regular employment is provided as per clause 11 of the Chhattisgarh Model Rehabilitation Policy, 2007.
3. The writ petitions have been filed primarily on the ground that the land acquisition award has been passed on 6-9-2007, whereas the compensation was deposited on 21-11-2007 by South Eastern Coalfields Limited (SECL) and compensation ought to have been deposited by the respondent SECL through the State before passing of the award and for non-deposit of the amount of compensation prior to passing of the award, the award is vitiated which cannot be acted upon. It has further been pleaded that the petitioners have withdrawn the amount of compensation awarded to them on 12-3-2013 and possession with the petitioners has still not been taken-over and land is not vested free from all encumbrances to the State Government and the new Land Acquisition Act i.e. the Act of 2013 has already come into force with effect from 1-1-2014 and by virtue of the provisions contained in Section 24 (2) of the Act of 2013, possession has not been taken and proper compensation which the petitioners are entitled for has not been paid, therefore, the land acquisition proceeding would stand lapsed. Further, alternative relief has also been claimed for revised compensation as per the Government order dated 19-3-2010 or as per the new Act of 2013 along with interest and salary till regular employment is provided as per clause 11 of the Chhattisgarh Model Rehabilitation Policy, 2007 and also claimed that the petitioners are also entitled for rehabilitation according to the Madhya Pradesh Rehabilitation Policy, 1991 read with the Chhattisgarh Model Rehabilitation Policy, 2007.
4. Return has been filed by the State/respondents No.3 and 4 stating inter alia that the writ petitions as framed and filed are not maintainable in law. The award has been passed on 6-9-2007, whereas the writ petitions have been filed on 3-12-2016 and thereafter, and there is no explanation for inordinate delay in filing the writ petitions, no plausible explanation-cum-justification has been offered for culpable delay in filing the writ petitions. The petitioners have obtained compensation. In the case of Pyarelal i.e. the petitioner in W.P.(C)No.3076/2016, the petitioner has obtained the compensation of 2,40,923-75 on 12-3-2013 and thereafter the Act of 2013 was promulgated and came into force on 1-1-2014. It has also been pleaded that if the petitioners are having any grievance with respect to compensation awarded to them, they were having an effective and efficacious remedy to make reference under Section 18 of the Land Acquisition Act, 1894. It has also been asserted that t
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