Disputes arising from contractual obligations cannot be adjudicated under Article 226 of the Constitution; they must be resolved in civil courts.

JUDGMENT :

Sandeep Sharma, J.

1. Petitioner, namely, the Shalughat Bisthapit Kalyan Samiti, claiming to be a Committee constituted for the redressal of grievances of local residents has approached this court in the instant proceedings, through its President, Subhash Chand, praying therein for following main reliefs:

“(a) That the respondents may kindly be directed to grant same rate of the land which has been granted in favour of land owners of village Baga i.e. Rs.5 Lakh per Bigha irrespective of classification of the land with other statutory benefits and further fulfill all the terms & conditions as per the agreement signed on 27.07.2009 (Annexure P-1).

(b) That the respondents may kindly be directed to implement the Rehabilitation & Resettlement policy framed by the Government of Himachal Pradesh in the year 2004 as well as amended from time to time and all the villagers of village Dhar-Tatoh may kindly be included as their land has also been taken by Respondent No.4.

(c) That the respondents may kindly be directed to fulfill all the terms & conditions written in the agreement dated 27.07.2009, immediately, so that the poor land owners may be benefited with all the facilities.”

2. For having bird’s eye view of the matter, facts relevant for the adjudication of the case are that in the year 2005, cement plant was established by company namely Jaiprakash Associates (now Ultra-tech Cement Limited). Though land was acquired for construction of aforesaid cement plant by the State of Himachal Pradesh for respondent No.4 but for the construction of residential colony, aforesaid cement company, itself purchased land from the residents of Village Dhar Tatoh, District Bilaspur. Aforesaid company entered into an agreement with the residents (Annexure P-1), thereby agreeing that they shall be given same rate of land, which has been given to the land owners in Village Baga, whose land was acquired for construction of the plant. Vide agreement dated 27.7.2009, it was agreed inter se land owners of Village Dhar Tatoh, including the petitioners, that they shall be given similar benefits under Rehabilitation and Resettlement Scheme, as have been agreed to be given to the land owners in Village Baga, which is at a distance of 1 km from Dhar Tatoh. As per agreed terms, land owners of Village Dhar Tatoh came to be awarded compensation qua their land at the rate of Rs.4.25 Lakh per Bigha for Bila Mukt and Rs.1.25 Lakh per Bigha for Majrua land. Besides agreeing to provide basic facilities under Rehabilitation and Resettlement Scheme, it was further agreed by Jaiprakash Associates that one person from each affected family shall be provided job.

3. After execution of aforesaid agreement, respondent No.4 acquired cement plant of Jaiprakash Associates at Village Baga. Vide letter dated 21.6.2017, Director of Industries, Himachal Pradesh conveyed approval of the Government for transfer of cement and clinkerisation manufacturing plants of M/s Jaiprakash Associate Limited situated in Himachal Pradesh (alongwith 11 moveable and immoveable assets and liabilities)declared or undeclared and ancillary thereto) toM/s Ultra Tech Cement Limited, strictly as per Scheme of Arrangement approved by National Company Law Tribunal Bench Allahabad and Mumbai and as per Tripartite Agreement dated 29.6.2017, between Government of Himachal Pradesh, Jaiprakash Associates Limited and M/s Ultra Tech Cement Limited (respondent No.4) (Annexure R-4/2 and Annexure R-4/3). Pursuant to aforesaid development, mining lease was transferred in favour of M/s Ultra Tech Cement Limited. Principal Chief Conservator of Forests, Himachal Pradesh, wrote a letter to Ministry of Environment, Forest and Climate Change on 6.7.2007, for change in the name of user agency and diversion of forest land for mining lease from Jaiprakash Associates Limited to M/s Ultra Tech Cement Limited (Unit Baga Cement Works). Ministry of Environment, Forest and Climate Change vide letter dated 28.7.2017 conveyed its ap