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HIGH COURT OF UTTARAKHAND AT NAINITAL
PANKAJ PUROHIT
Trilok Singh Rana – Appellant
Versus
Director Rehabilitation – Respondent
JUDGMENT :
Pankaj Purohit, J.
By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner has assailed the order dated 28.06.2022 passed by the Director Rehabilitation, Tehri Dam Project (Respondent No.1), whereby the claim of the petitioner for grant of rehabilitation benefits has been rejected and the agricultural plot earlier allotted in his favour has been cancelled.
2. The facts, in brief, are that Village Nakot, Patti Raika, District Tehri Garhwal, came within the ambit of the Tehri Dam Project. Initially, the village was treated as partially affected up to RL 835 meters pursuant to the notification issued under Section 4 of the LAND ACQUISITION ACT , 1894 in the year 1999, followed by an award in 2003. Subsequently, owing to geological concerns and landslides noticed after the filling of the reservoir in the year 2005, a committee constituted in the year 2008 recommended displacement of villages up to RL 950 meters. In furtherance thereof, a fresh identification exercise was carried out and a list of eligible persons for grant of agricultural plots was finalized and approved by the Director Rehabilitation on 18.09.2009. The petit
Authority must consider all relevant factors, including inheritance and residency, when determining eligibility for rehabilitation benefits; a singular focus on revenue records is insufficient and ma....
Eligibility for rehabilitation benefits hinges on residency status in affected areas as per established policy definitions; administrative decisions backed by valid notifications are enforceable.
The State has a duty to provide timely rehabilitation and fair compensation to project-affected persons, adhering to principles of natural justice.
The court ruled that cancellation of land allotment must follow principles of natural justice, including providing notice and opportunity to be heard, emphasizing procedural fairness.
The rejection of claims under welfare schemes must not be based on narrow interpretations but should consider the substantive relationship between the deceased's activities and their primary source o....
Claims for alternate rehabilitation land under 1999 Act barred by 45-50 year delay and laches from 1972/1977 acquisitions, original owners' acceptance of compensation without protest, and non-retrosp....
Residency and family status in the affected area are key factors in determining eligibility for Tsunami relief house allotment as per government orders.
Writ petitions against mutation orders are maintainable if they violate natural justice or are issued without jurisdiction, reaffirming the need for proper procedural adherence in land revenue matter....
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