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HIGH COURT OF UTTARAKHAND AT NAINITAL
PANKAJ PUROHIT
Trilok Singh Rana – Appellant
Versus
Director Rehabilitation – Respondent
| Table of Content |
|---|
| 1. petitioner's claim originates from rehabilitation benefits linked to village displacement. (Para 1 , 2) |
| 2. arguments on legal heirship and arbitrary exclusion from the rehabilitation list. (Para 3 , 4 , 5 , 6) |
| 3. court's critical evaluation of decision basis and necessity for holistic consideration. (Para 8 , 9) |
| 4. writ petition allowed; remittance for fresh consideration of claims. (Para 10 , 12) |
| 5. court orders a reasoned approach for reconsidering the petitioner's claim. (Para 11 , 13) |
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 LAN
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.
Cancellation of alternate land allotment upheld for non-verification of family members and records; no natural justice breach; government superintendence valid; liberty for fresh eligibility-based ap....
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.
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