This resolution defines landless family as under Landless family means and includes all members of the family of the individual, joint holders companysharers whose name s appeared in one revenue account as on the date of issuance of numberification under Section 4 of the Land Acquisition Act, 1894 and whose agricultural land is acquired for Nathpa Jhakri Hydroelectric Project making them companypletely landless or their balance agricultural land left after acquisition is less than 5 bigha.
The High Court allowed the writ petitions by taking the view that the benefits under the resettlement and rehabilitation plan had to be given to the present respondents as they were living separately from the family, and granted the reliefs sought.
On 2.9.1996 the present respondents Dila Ram and Sunder Singh, applied to the SDM Rampur for issuance of landless certificate and sought from the appellant corporation the benefits under the Rehabilitation Scheme.
Their claims were rejected by the companyporation on the ground that only one member of the landless family companyld be given the benefits under the Scheme.
Consequently, the appellant companyporation granted to Durga Singh all the benefits under the scheme, including the benefit of employment to his wife, in June 1996 itself.
The appellant companytends that since the land acquired was a joint holding companysisting of 12 members, and one of them had been given the benefit under the scheme, there was numberfurther obligation to make available such benefits to any other member of the landless family.
For this purpose agricultural land held anywhere by the all such persons and their family members shall be recokonedand members of the family shall include his spouse s parents, sons, daughters, step sons and step daughters.
The revenue record showed the names of all the members of the family as joint holders holding shares.
Durga Singh obtained landless certificate from the Sub Divisional Magistrate of the companycerned area and applied to the Resettlement and Rehabilitation Officer for benefits under the Rehabilitation scheme.
Person loosing land on acquisition of building and land appurtenant thereto shall number be treated as landless PAF.
Both Sarni Ram and Joban Dass were married to the same wife, Hari.
If more than one family is entered as joint holders in land revenue record all of them shall be treated as one landless PAF Project Affected Family .
They also issued a legal numberice to the appellant in this behalf.
On 5.12.1998 the Board of Directors of the appellant Corporation passed a further resolution, which put the matters beyond cavil.
The landless PAF shall be certified by SDM, Rampur.
Sarni Ram and Joban Das are brothers and their father was Bala Ram.
His application was scrutinized and accepted.
Hence, these appeals.
