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Madhya Pradesh High Court · body

2015 DIGILAW 242 (MP)

Kayum Mohd. v. State of M. P.

2015-02-26

S.K.GANGELE

body2015
JUDGMENT : S.K. Gangele, J. 1. The petitioners have filed this petition in regard to rehabilitation in accordance with the Policy issued by the State Government on account of acquisition of their lands by the respondent National Thermal Power Corporation (in short 'NTPC'). They have also challenged the agreement dated 19.3.2010 and the amended agreement dated 11.12.2010 entered between the Collector on behalf of Government and NTPC in regard to lands acquired by the competent authority for the purpose of construction of forth unit of ASH-Dike of NTPC. 2. The Collector, vide letter dated 18.8.08 sought permission from the Principal Secretary, Revenue Department for acquiring certain land required for the purpose of construction of forth unit of ASH-Dike of NTPC at village Singrauli (MP). It was mentioned in the letter that atleast one member of the family, whose land was to be acquired by the authority, would be offered employment. The Revenue Department, vide order dated 01.08.09, accorded permission for acquisition of land on certain conditions. 3. On 24.08.09, the Collector, designated Chief Executive Officer, State of Madhya Pradesh published the notification in regard to acquisition of the land under section 4(2) of the Land Acquisition Act, 1894. The land-owners/objectors raised objections about acquisition of the lands. They had agreed for acquisition of land on certain terms and conditions as mentioned in the letter dated 22.12.09 written by SDO/Land Acquisition Officer to the Collector. The Collector passed the award on 30.10.2010. Thereafter, an agreement was reached between the owners of the land and the NTPC. A copy of the agreement has been filed as Annexure A-5 along with the petition. It was mentioned in the agreement that if there was any dispute in regard to terms and conditions of the agreement, the party shall approach the District Court for redressal. The NTPC will pay minimum Rs. 4.25 lacs to the landowners if the land is one acre or less than one acre. Even if, a person had land of one decimal, he was eligible to get an amount of Rs. 4.25 lacs. They were also given rehabilitation grant of Rs. 82,500/-, equal to two years minimum agricultural wages. A special package of Rs. 2.41 lacs was also offered in place of a plot of land to the person because there was no possibility of providing the plot or land to the person whose land was acquired. 4.25 lacs. They were also given rehabilitation grant of Rs. 82,500/-, equal to two years minimum agricultural wages. A special package of Rs. 2.41 lacs was also offered in place of a plot of land to the person because there was no possibility of providing the plot or land to the person whose land was acquired. Some preference was given to the persons in providing petty contracts. They were also given medical benefits in NTPC Hospital and education to their children in the schools of NTPC at par with the employees of the NTPC. 4. According to the respondents, 95% of Project Affected Persons (in short 'PAPs') had accepted the package/compensation of the land. Out of 490 acres of land acquired, the possession of 489 acres of land was taken-over by the Company. In the present petition, petitioners have prayed that their family members be granted employment by the Company and also they be given other benefits. It is pleaded by the respondent/company that only seven PAPs, the petitioners from S. No. 1 to 5 and 20, have not received the compensation. The other petitioners have already received the compensation. The company had invested near about ten thousand crores for construction of two units of five hundred megawatts each and delay in construction will increase the cost of electricity. 5. Learned counsel appearing on behalf of the petitioners contended that it is obligatory on the part of the respondents to provide employment to one of the family member of the petitioners as per rehabilitation policy of the Government. It is further contended by the counsel that the respondent/company is also under obligation to provide alternate land at any other place to the persons whose land has been acquired by the company. 6. Learned Senior counsel appearing on behalf of the respondent/company has submitted that it is not possible for the company to offer employment to the family member of the erstwhile land-owners whose land has been acquired because there is no employment in the company at present. He further submitted that the company has already provided number of benefits to PAPs and proper amount of compensation has been paid to them. Hence, the petition filed by the petitioners is not maintainable. 7. He further submitted that the company has already provided number of benefits to PAPs and proper amount of compensation has been paid to them. Hence, the petition filed by the petitioners is not maintainable. 7. The Supreme Court in the matter of Narmada Bachao Andolan v. State of M.P and another : AIR 2011 SC 1989 has considered the Rehabilitation Policy of the State Government and issued the directions in regard to allotment of land to the persons whose land was acquired for the purpose of construction of Dam. The same reads as under:- "86. In view of the above, the direction given by the High Court in paragraph 64 (i) of the judgment, is modified to the extent that the displaced families who have not withdrawn SRG benefits/compensation voluntarily and submit applications for allotment of land before the Authority concerned, shall be entitled to the allotment of agricultural land "as far as possible" in terms of the R & R Policy, and for that purpose, the appellants must make some government or private land available for allotment to such oustees if they opt for such land and agree to ensure compliance with other terms and conditions stipulated therein. In case suitable land is available in the land bank, the same would be offered to such oustees. In case, dispute of suitability of land is raised, it would be adjudicated upon and determined by the GRA. The authorities must render all possible assistance to the oustees to purchase the land by negotiations. In case the land is not available as mentioned hereinabove, the State must ensure compliance of Clause 5.4 of the R & R Policy to the full extent in the cases of the Scheduled Castes/Scheduled Tribes and to the extent of 2 hectares in case of other marginal farmers. In case the extent of the land acquired is more than 8 hectares, the same shall be paid according to the provisions contained therein. The Government must continue to search for additional land than what is already available in the land bank and to find out the means of its purchase for allotment to the oustees. The Government should also ensure that the allocated land is not encroached upon by the unscrupulous persons." 8. The Government must continue to search for additional land than what is already available in the land bank and to find out the means of its purchase for allotment to the oustees. The Government should also ensure that the allocated land is not encroached upon by the unscrupulous persons." 8. In regard to providing employment to one of the family members, the respondent/company has pleaded that at present it is not possible to offer employment to each of the family members of the land-owners whose land has been acquired. However, as per the agreement, the company had agreed to provide preference in employment to one of the family member of the land-owners whose land was acquired by the company. The company is under obligation to fulfill the aforesaid assurance if there are vacancies available in the company. Because, there are no vacancies available at present hence this court cannot issue the mandatory directions against the company to provide employment to one of the family member of the PAPs because the Court has no power to issue a direction for creation of posts. In this view of the matter, this writ petition is disposed of with the following directions:- "(A) That if some persons have not received the compensation of the land which has been acquired by the appropriate government on behalf of the company, the respondent/company shall make an endeavor to provide them alternate land or help the petitioners to purchase the alternate land and, if it is not possible then, the petitioners would be at liberty to receive the compensation and other benefits offered by the company. (B) The company shall make an endeavor to provide employment to one of the family member, as far as possible, if there are vacancies and, the incumbents fulfills requisite qualification. The employment would be restricted to Class-III and Class IV posts. However, if the posts are not available then the company shall give preference to one person from each family of the petitioners whose land was acquired and which was more than five acres whenever the vacancy will occur, subject to maximum age limit in accordance with the terms and conditions of the contract." 9. Writ petition is disposed of accordingly. There shall be no order as to the costs.