Orissa High CourtUnknown vs Before on 17 January, 2014Author:A.K. RathBench:A.K. Goel,A.K.RathWP(C) No.7023 of 2013




                               BEFORE
                  HON'BLE THE CHIEF JUSTICE MR.A.K. GOEL
                     HON'BLE DR. JUSTICE A.K.RATH



                  For the appellant          :      Mr.P.Panda,
                                                    Advocate.




09.   17.1.2014ORDER


                  (Dr. A.K. Rath, J.)


                          The petitioner has prayed, inter alia, for implementation
                  of Resettlement & Rehabilitation Policy, 2006 within a stipulated
                  period in respect of village Raijharan and for a direction to the
                  Revenue Divisional Commissioner-cum-Chairman, RPDAC,
                  Sambalpur to take immediate steps to prepare PDF list in respect
                  of project displaced family of the village.Case of the petitioner is that in the year 2006, three
                  villages, namely, Raijharan, Kaunsidhipa and Golagadia came
                  under Compulsory Acquisition under theLand Acquisition Actfor operation of coal linkage (Block) allotted in favour of M/s.
                  Jindal Steel and Power Ltd., M/s.Monnet Ispat Ltd. and
                  M/s.Utkal Coal Ltd. (IMFA) as Utkal B-1, Utkal B-2 and Utkal
                  C respectively. After acquisition, award was passed in favour of
                  the land oustees in the year 2007 and payments were made. It is
                  further stated that the Government of Orissa promulgated a
                  policy, namely, Orissa Resettlement and Rehabilitation Policy,-2-2006 with a solemn aim to provide rehabilitation assistance and
make necessary arrangement for resettlement for the project
displaced and affected persons due to compulsory acquisition of
their agriculture and homestead land. The same was published in
the Orissa Gazette. The specific case of the petitioner is that
though the benefits of the scheme have been extended in respect
of two villages, namely, Kaunsidhipa and Golagadia, till date the
petitioner's village has been denuded from the said benefits.Pursuant to issuance of notice, a counter affidavit has
been filed. A stand has been taken in paragraph-9 of the counter
affidavit, which is reproduced below:"9. ......It is envisaged under Clause 7(v) of Odisha
         Resettlement and Rehabilitation Policy that the R&R
         benefits accrue only on actual vacation of land. As the land
         losers of village Raijharan have not been physically
         displaced, it can be said that there has been no deliberate &
         intentional negligence on the part of the State Govt./Govt.
         Officials in providing Resettlement and Rehabilitation
         benefits. Moreover it is once again reiterated that although
         actual vacation of land of entire village has not taken place,
         yet some persons of village Raijharan pertaining to PDF list
         those who have vacated the land of Jindal Steel & Power
         Ltd. have already availed of Resettlement and Rehabilitation
         benefits."We are at a loss to understand the apathy of the State
Government in denuding the just claim of the petitioner by taking
frivolous stand.The Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013has
been enacted by the Parliament to ensure, in consultation with
institutions   of local      self-government       and Gram Sabhas
established under the Constitution, a humane, participative,-3-informed and transparent process for land acquisition for
industrialization,   development    of   essential   infrastructural
facilities and urbanization with the least disturbance to the
owners of the land and other affected families and provide just
and fair compensation to the affected families whose land has
been acquired or proposed to be acquired or are affected by such
acquisition and make adequate provisions for such affected
persons for their rehabilitation and resettlement and for ensuring
that the cumulative outcome of compulsory acquisition should be
that affected persons become partners in development leading to
an improvement in their post acquisition social and economic
status and for matters connected therewith or incidental thereto.Section 16of the said Act provides, inter alia, Preparation of
Rehabilitation and Resettlement Scheme by the Administrator.Section 38provides power to take possession of land to be
acquired. Sub-section (2) ofSection 38thereof provides that the
Collector shall be responsible for ensuring that the rehabilitation
and resettlement process is completed in all its aspects before
displacing the affected families.Once land is acquired, it is the bounden duty of the State
Government to adhere to the Orissa Resettlement and
Rehabilitation Policy, 2006. If the said policy is considered along
with theRight to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013, a heavy
duty is cast on the authority to provide benefits of the Orissa
Resettlement and Rehabilitation Policy to the land oustees. The
specific case of the petitioner is that though the benefits of the-4-scheme have been extended in respect of two villages, without
      any rhyme or reason, the petitioner's village has been denuded
      from the said benefits. The same is an arbitrary exercise of power
      inasmuch as violative ofArticle 14of the Constitution.In view of the discussions made in the preceding
      paragraph, we direct the opposite parties to implement the
      Resettlement and Rehabilitation Policy, 2006 and prepare the
      PDF list in respect of project displaced family of village
      Raijharan as expeditiously as possible, preferably within a period
      of three months from the date of receipt of the copy of the order.The writ petition is disposed of.Free copy of the order be granted to the learned Addl.
      Government Advocate for compliance........................                            .........................Judge                                 Chief Justice




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