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1994 DIGILAW 252 (SC)

Manbodhsa v. Government Of Orissa

1994-02-14

B.P.JEEVAN REDDY, M.M.PUNCHHI

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(1) THE application for impleadment is allowed. (2) THE applicants are put in the same position as that of the writ petitioners whose petition was dismissed by the High court. They shall also be treated as special leave petitioners along with the actual special leave petitioners. (3) SPECIAL leave granted. (4) HEARD learned counsel. (5) AS we find, it is difficult, on the present record to find any justification to upset the acquisition. However, the claim of the appellants to adequate compensation cannot be denied. The acquisition herein is for open cast coal mining. The surface of the earth involved thereat would obviously be destroyed and not remain fit for cultivation. The appellants claim themselves to be agriculturists. Their vocation would be disrupted. Rehabilitation for their purposes would be when they buy other land with the compensation they are likely to receive. The case of the appellants is that they were not aware of the acquisition proceedings though the Land Acquisition Collector has awarded compensation which lies deposited in court. We are satisfied on the present averments that the appellants were not aware both to the nature of the activity and the acquisition of the land. Thus, in order to compensate them adequately we permit them to move the Land Acquisition Collector within a period of three months from today under Section 18 of the Land Acquisition Act. Should the appellants do so, the Land Acquisition Collector is required to submit the applications to the court concerned for enhancement of compensation. Let that be time bound. The enhancement reference shall be decided within a period of six months. In the same proceedings claims of apportionment, if any, under Section 30 of the Land Acquisition Act be also decided. (6) IT is stated at the Bar by learned Solicitor General that land under the homesteads of the appellants have yet not been acquired but proceedings for the purpose are going on. It is also stated by him that fully developed homesteads with electricity and water supply are proposed to be allotted to the claimants. If this measure is carried out, we think it should suffice to meet the compensatory aspect of the home-steads acquired. Still the State shall consider compensating the homestead-dwellers to some disturbance allowance when shifting would take place to the new homesteads. If this measure is carried out, we think it should suffice to meet the compensatory aspect of the home-steads acquired. Still the State shall consider compensating the homestead-dwellers to some disturbance allowance when shifting would take place to the new homesteads. (7) THE last rehabilitated measure is in offering jobs to the persons who are affected by the acquisition. This we are told is under some scheme. The individual rights of the claimants in that regard would have to be met at the lower level. We on our part do not think it prudent to issue any further instructions in the matter. With the above directions, the appeal shall stand disposed of. No costs.