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Himachal Pradesh High Court · body

2015 DIGILAW 1769 (HP)

Hari Dass v. State of Himachal Pradesh through Chief Secretary

2015-12-03

P.S.RANA

body2015
ORDER : 1. Present civil writ petition is filed under Article 226 of the Constitution of India directing non-petitioners to provide employment under Resettlement and Rehabilitation Plan Scheme to the petitioner who belongs to project affected family of Parbati Hydro Electric Project Behali P.O. Larji District Kullu (Himachal Pradesh) 2. Brief facts of the case as pleaded are that on 20.11.1998 National Hydro Electric Power Corporation Limited entered into an agreement with State of Himachal Pradesh for execution of Hydro Electric Project on river Parbati in District Kullu Himachal Pradesh. On 27.4.2006 Financial Commissioner-cum-Secretary Revenue to the Government of Himachal Pradesh notified a scheme for resettlement and rehabilitation of project affected families of Parbati Hydro Electric Project vide notification no. Revision (PD)F(5)-1/1999. In the year 2006 list of eligible land oustees for providing employment in NHPC under Resettlement and Rehabilitation Plan Scheme was drawn in which name of petitioner was also included. Thereafter petitioner along with other oustees represented the matter to Deputy Commissioner Kullu H.P. for providing employment but till date no employment is provided to the petitioner in accordance with Resettlement and Rehabilitation Scheme. Prayer for acceptance of civil writ petition sought. 3. Per contra response filed on behalf of non-petitioners Nos. 1 and 2 pleaded therein that list of oustees of Parbati Hydro Electric Project-III eligible for employment from the Land Acquisition Officer was received on 26.3.2008 and name of petitioner was included in the list. It is pleaded that after approving the name of petitioner non-petitioner No. 2 i.e. Deputy Commissioner Kullu District Kullu (Himachal Pradesh) recommended the name of petitioner to the General Manager Parbati Hydro Electric Project-III for employment under Resettlement and Rehabilitation Scheme vide letter dated 7.4.2008. 4. Per contra separate response filed on behalf of non-petitioners Nos. 3, 4 and 5 pleaded therein that there is no recruitment in the category of skilled/semi-skilled/unskilled workmen and present petition is devoid of any merit. It is pleaded that as and when fresh recruitment would be undertaken it would be ensured that land oustees eligible for employment as mentioned in Clause 3.1 of R&R Scheme would be given first chance and normal recruitment would be conducted only if no candidate is available from project affected family. It is pleaded that there is no fresh recruitment since 2006 in the category of skilled/semi-skilled/unskilled workers. It is pleaded that there is no fresh recruitment since 2006 in the category of skilled/semi-skilled/unskilled workers. It is pleaded that land of petitioner was acquired for public purpose vide notification No. Vidyut-chh (5)19/2003 dated 7.3.2003 under Land Acquisition Act. It is pleaded that compensation for acquisition of said land already stood paid and further pleaded that matter would be dealt in accordance with R&R Scheme 2006. It is pleaded that petitioner was paid additional amount of Rs. 54,000/- (Rupees fifty four thousand only) towards landless amount under Relief and Rehabilitation Grant. Prayer for dismissal of civil writ petition sought. 5. Court heard learned Advocate appearing on behalf of the petitioner and learned Additional Advocate General apeparing on behalf of non-petitioner No. 1 and 2 and learned Advocate appearing on behalf of the non-petitioners Nos. 3 to 5 and Court also perused the entire record carefully. 6. Following points arise for determination in this civil writ petition:- Point No. 1 Whether civil writ petition filed by petitioner under Article 226 of Constitution of India is liable to be accepted as mentioned in memorandum of grounds of civil writ petition? Point No. 2 Relief. Findings upon point No. 1 with reasons 7. It is prima facie proved on record that on 26/27th April 2006 notification No. Revision (PD)F(5)-1/1999 was issued by Government of H.P. Operative part of notification is quoted in toto:- Government of Himachal Pradesh Department of Revenue (Project Cell) No. Revision (PD)F(5)-1/1999 Dated 26/27.4.2006 NOTIFICATION The Governor Himachal Pradesh is pleased to notify the Scheme for the Resettlement and Rehibilitation of Project affected families of Parbati Hydro Electric Project as per Annexure-A. By order Sd/- FC-cum-Secretary (Revenue) to the Government of Himachal Pradesh 8. Court has also perused entire scheme for Resettlement and Rehabilitation of project affected families of Parbati Hydro Electric Project placed on record. There is provision of employment to project affected families rendered landless as per Clause 3.1 of the Scheme. Court has also perused entire scheme for Resettlement and Rehabilitation of project affected families of Parbati Hydro Electric Project placed on record. There is provision of employment to project affected families rendered landless as per Clause 3.1 of the Scheme. Clause 3.1 of Resettlement and Rehabilitation Scheme of project affected families of Parbati Hydro Electric Project is quoted in toto:- 3.1 One member of each Project Affected Family rendered landless will be provided employment by the Project Authority in the category of skilled/semiskilled/unskilled workmen subject to fulfilling the requisite criteria/qualification and as and when any fresh recruitment is done in these categories it would be ensured that land oustees eligible for employment as mentioned above are given chance first and normal recruitment would be made only if none are available from amongst them. However persons who are allotted shops shall not be eligible for benefit of employment and vice versa. The following criteria will be adhered to by the Deputy Commissioner concerned for providing of preference while sponsoring the names for employment:- (i) Affected families whose entire land has been acquired. (ii) Affected families who have become landless on account of acquisition of land by the Project. (iii) Others. Within these categories preference will be given on the basis of quantum of land acquired. Those who lose more land will come first. 9. There is positive recital in Clause 3.1 that Project Affected Families who rendered landless would be provided employment by project authority in the category of skilled/ semiskilled/unskilled workmen subject to requisite qualification as and when any fresh recruitment is conducted. 10. Land Acquisition Officer Parbati Project Larji has submitted the list of eligible land oustees Project Affected Families for providing employment in NHPC under R&R Scheme whose land has been acquired for construction of Parbati Hydro Electric Project-III as per notification No. Revision (PD)F(5)-1/1999 dated 26/27.4.2006 placed on record and name of petitioner is recorded at S. No. 11. In view of recital in notification No. Revision (PD)F(5)-1/1999 dated 26/27.4.2006 and in view of condition No. 3.1 of R&R Scheme of Project Affected Families of Parbati Hydro Electric Power Corporation Ltd. it is held that petitioner is entitled for recruitment as and when any fresh recruitment would be conducted by National Hydro Electric Power Corporation Limited. Point No. 1 is decided accordingly. Point No. 2 (Relief) 11. Point No. 1 is decided accordingly. Point No. 2 (Relief) 11. In view of findings upon point No. 1 non-petitioner No. 3 i.e. The National Hydro Electric Power Corporation Limited and non-petitioner No. 4 i.e. General Manager Parbati Hydro Electric Project-III Nagwain District Mandi are directed to give first chance to petitioner for appointment in the categories of skilled/semiskilled/unskilled workmen in near future subject to fulfilling requisite criteria/qualification strictly as per condition No. 3.1 of notification No. Revision (PD)F(5)-1/1999 dated 26/27.4.2006 as and when fresh recruitment would be conducted. No order as to costs. Petition stands disposed of. All pending miscellaneous applications if any also stands disposed of.