MAHANADI COAL FIELDS LTD. & ANR. versus MATHIAS ORAM & ORS.

Citation: [2022] 19 S.C.R. 1140 · Decided: 03-11-2022 · Supreme Court of India · Bench: UDAY UMESH LALIT · Disposal: Disposed off

Judgment (excerpt)

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1140
SUPREME COURT REPORTS
[2022] 19 S.C.R.
[2022] 19 S.C.R. 1140
1140
MAHANADI COAL FIELDS LTD. & ANR.
v.
MATHIAS ORAM & ORS.
(Miscellaneous Application No. 231 of 2019)
NOVEMBER 03, 2022
[UDAY UMESH LALIT, CJI, S. RAVINDRA BHAT AND
BELA M. TRIVEDI, JJ.]
Right To Fair Compensation And Transparency In Land
Acquisition, Rehabilitation and Resettlement Act, 2013 –
Applicability of – Coal Bearing Areas (Acquisition and Development)
Act, 1957–Held: The R&R Act cannot apply prior to the date it was
brought into force i.e., before 01.01.2014 – In the present case, it
applies from the date the Central Government issued a notification
bringing into force the proceedings of the First, Second and Third
Schedules to the enactment specified in the Fourth Schedule, which
in this case was the CBA Act – The date therefore, on which the
R&R Act, 2013 is applicable from, is 28.08.2015 – Additionally, the
report which was finalised before that date cannot be interfered
with – The land owners and displaced families residing in the villages
for which reports were prepared earlier than 28.08.2015, would
not therefore be entitled to the benefits of the R&R Act, 2013 –
Hence, the benefits of the R&R Act apply to displaced families and
land owners of Kiripsira, Ratansara, Jhupuranga and Tumulia –
Further directions issued – Land Acquisition Act, 1894 –
Constitution of India – Article 142.
Right To Fair Compensation And Transparency In Land
Acquisition, Rehabilitation and Resettlement Act, 2013 –
Determination of compensation – Cut-off date– Held: Cut-off date
for determining compensation for land acquired is to be based upon
the cut-off date approved by Supreme court in relation to village
Gopalpur, i.e., September 2010 – Since, common cut-off date has
been accepted, all benefits flowing from it, including statutory
interest upon compensation and solatium, is determinable on the
basis of that cut-off date for the entire acquisition – Coal Bearing
Areas (Acquisition and Development) Act, 1957.
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Right To Fair Compensation And Transparency In Land
Acquisition, Rehabilitation and Resettlement Act, 2013 – ss.41, 42
– Odisha Resettlement and Rehabilitation Policy, 2006 – Held: As
far as s.41 goes, given that the acquisition notification was issued
in 1988 and finalised in 1990 and even the judgment of Supreme
Court indicating the methodology for compensation determination
was delivered in 2010, the question of giving extra consideration
in terms of s.41 does not arise – However, since the resettlement of
the displaced families and their rehabilitation have been mandated
by both provision of the R&R Act, 2013 which has application to
the ongoing acquisition, as well as the R&R Policy 2006, the
obligation to ensure that the benefits of the displaced persons are
not put to grave and irreparable prejudice by denying them their
status as SC/ST, has to be ensured – This is mandated by s.42 of the
R&R Act, 2013 which directs that whenever lands of SCs/STs are
acquired necessitating their displacement, either in terms of
territories or the areas they reside in, leading to their movement to
other areas- where their tribe or caste may not necessarily be
recognised as SCs/ST- the status which they enjoy but for the
displacement has to be preserved and protected – This statutory
mandate and obligation cannot be denied by the State or agency,
as a matter of law – Direction issued.
Right To Fair Compensation And Transparency In Land
Acquisition, Rehabilitation and Resettlement Act, 2013 –Obligations
cast upon the State– Land Acquisition Act, 1894 – Held: Provisions
of the R&R Act, 2013 which replaced the old 1894 Act, have for the
first time cast obligations upon the State to ensure that resettlement
and rehabilitation is provided in addition to compensation – These
rehabilitation and resettlement provisions relate not only to a right
to employment for at least one member of the displaced family but
also other monetary and tangible benefits, such as land for
construction of houses, cash assistance for construction;
transportation cost; provision for temporary displacement; annuity
and/or cash payment in lieu of employment benefits, etc. –
Furthermore, by provisions of the Third Schedule, elaborate
provisions for the kind of public amenities which have to be provided,
such as public health benefits, schools, community centres, roads
and other basic necessities, have been obligated – All these are in
MAHANADI COAL FIELDS LTD. 

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