Summary
Mostly tribal landowners in 14 villages of Sundargarh, Odisha, whose land was acquired for Mahanadi Coalfields under the Coal Bearing Areas Act in the late 1980s, were still awaiting compensation decades later. Disposing of all pending applications under Article 142, the Supreme Court made several rulings. September 2010 is the common cut-off date for all villages. The 2013 Act's compensation schedules govern four villages whose reports were not approved before the Central Government's Section 105(3) notification, with no reopening of the other ten. The Odisha R&R Policy 2006 as amended in 2013 governs employment, but a family gets jobs for two members, not three. Displaced families must get plots or Rs 25 lakh, Third Schedule amenities, and SC/ST status preserved under Section 42. Strict timelines were fixed.
Issues
- What cut-off date governs compensation for land acquired under the Coal Bearing Areas Act for all fourteen villages.
- Whether, and from when, the First to Third Schedules of the 2013 Act apply to acquisitions under the Coal Bearing Areas Act listed in its Fourth Schedule.
- Whether the Odisha R&R Policy 2006 or its 2013 amendment governs employment benefits, how a 'family' is reckoned, and what housing, amenities and SC/ST protections displaced families are entitled to.
Provisions considered
- Section 105 and Fourth Schedule, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013The Act did not initially apply to Coal Bearing Areas Act acquisitions, but after the Central Government's notification under Section 105(3) its First to Third Schedules governed compensation and R&R where reports were not yet approved. (¶¶ 24, 26, 27, 29, 33, 34)
- Section 108, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013Affected families may opt for a more beneficial State policy, which justified applying the Odisha R&R Policy 2006 as amended in 2013 to employment benefits. (¶¶ 37, 44, 50)
- Sections 41 and 42 and Third Schedule, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013Extra consideration under Section 41 did not arise for this old acquisition, but Third Schedule amenities must be provided and the SC/ST status of displaced families preserved in resettlement areas. (¶¶ 63, 64, 66, 67)
- Sections 9 and 13(5), Coal Bearing Areas (Acquisition and Development) Act, 1957The land vested under the Act and compensation was to be determined under it until the 2013 Act's schedules were extended to such acquisitions. (¶¶ 3, 33)
- Article 142, Constitution of IndiaThe directions were issued under the Court's special powers to end the landowners' prolonged wait. (¶ 70)
Held
- September 2010, adopted in the approved Gopalpur report, is the single cut-off for all villages, with statutory solatium and interest; shifting it to each village's survey date would unsettle finalised cases, and no prejudice was shown. (¶¶ 16, 17, 18, 68)
- Once the Central Government extended the 2013 Act's schedules to Fourth Schedule acquisitions, compensation could no longer be determined under the Coal Bearing Areas Act; compensation for the four villages without approved reports must be redetermined under the First Schedule, while the other ten remain final. (¶¶ 29, 32, 33, 34, 68)
- The R&R Policy 2006 as amended in 2013 applies to employment, but a family is entitled to employment for the head and one major son, or failing him one major grandson, besides an unmarried daughter as a separate unit; accepted employment and approved determinations cannot be reopened. (¶¶ 49, 50, 51, 52, 68)
- Families may take the more beneficial of the policy's one-time payment and MCL's Rs 16 lakh offer in lieu of employment; plots must be finalised and developed within set periods, with Rs 25 lakh cash for those who decline plots or cannot be given one. (¶¶ 53, 60, 61, 62, 68)
- The State, with funding from MCL, must provide Third Schedule amenities within three years, and displaced SC/ST families must be issued fresh certificates so that their status is preserved under Section 42. (¶¶ 64, 67, 68)
Result
Applications and contempt petitions disposed of with directions under Article 142: common September 2010 cut-off; 2013 Act compensation for four villages; employment, plot or Rs 25 lakh options and amenities within fixed timelines; compensation to be determined and paid within six months and the Commission's work completed within a year; landowners to vacate on deposit; later disputes to the High Court; no costs.