Coal Bearing Areas (Acquisition and Development) Act, 1957 – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Compensation claim – Rehabilitation and Resettlement benefits – Determination, of land oustees of four acquired villages – Villages acquired by the appellant-MCL – Claims Commission appointed for determining the claim of compensation in respect of vast portions of lands acquired – Commission set up for carrying out the exercise for 14 villages – Report submitted by the Commission in relation to the village Gopalpur – Recommendations approved and made it an order of the Court – Following the Gopalpur model, the Commission submitted further reports which were approved – Several applications moved by the MCL and land owners seeking a range of directions – By order dated 03.11.2022, this Court held that the Gopalpur Model for determining the compensation was applied in respect of 10 villages which reports were approved by the courts, and the issues stood finalized and there could be no re-determination, and this Court would not entertain Miscellaneous Application – In regard to four villages-Tumulia, Jhupuranga, Ratansara, and Kirpsara, no award approved on the said date – However, Miscellaneous Applications filed – Directions sought as regards extension of time to finalise the report of village Ratansara by the Nodal Officer, Claims Commissioner; directions to Commission to prepare the PAF/PDF list determining R&R benefits of any or all four remaining villages out of 14 villages acquired by the MCL; and directions to direct the Commission to decide their cases at the earliest:
Held: No further order for extension of the term of the Commission can be passed – Directions as prayed for by the Committee to direct the Commission to prepare PAF/PDF list determining the Rehabilitation and Resettlement benefits of the four villages cannot be issued – Commission entertained the cases filed by the land oustees of whose reports have already been finalized and approved by this Court – Commission also travelled beyond the directions given by this Court by entertaining the issues raised by the villagers and land oustees of four villages with regard to Rehabilitation and Resettlement benefits – Only additional exercise which the Commission had to carry out was the differential payable after the re-determination in respect of all the elements-market value, solatium, and further interest – This Court clearly earmarked the task of the Commission and of the other authorities and given final directions which had to be followed – Commission appears to have entertained the issues with regard to the suitability of resettlement sites for shifting of the eligible land oustees – Commission should not have entertained any of these issues, when all the issues alluded and dealt with thoroughly by this Court vide order dated 03.11.2022 – MCL already raised objections with regard to the method of calculation, the said issue was transferred to the High Court and is pending – High Court to decide the writ petition expeditiously – MCL to make payment towards the compensation immediately after the final judgment passed by the High Court. [Paras 15-26]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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