Komal Kewat vs Coal India Limited and others

All these above writ petitions are being decided by this common order as the point involves in these writ petitions is identical. For the sake of

brevity, the facts are taken from Writ Petition No.7968/2009.

The petitioners have filed this petition praying for direction in the nature of certiorari thereby quashing the appointment orders issued in favour of

108 persons including the persons as mentioned in Annexure-P/16 in violation of Rehabilitation Policy of 1991. Further direction has been sought

against respondents No.1 to 5 to strictly follow the Rehabilitation Policy, 1991 framed by the State of Madhya Pradesh.

An area measuring 1729.59 acres of land in Village Aamadand, Nimha and Kuhka was acquired by the State authorities at the request of

Central Government for the purposes of Mining Rights to be exercised by SECL during the year 2004-05 under the Provisions of Land

Acquisition Act, 1894. The acquisition was challenged before this Hon''ble in W.P. No. 13561/2005 (PIL) filed by one Shri Naresh Singh &

Others and in other writ petitions. The writ petitions were disposed of by order dated 12/11/2008 passed by the Division Bench of this Court and

while maintaining the acquisition it was directed that notification for acquisition of land will be issued by the Central Government under the Coal

bearing areas (Acquisition and Development) Act, 1957 (Annexure-P/5) instead of Land Acquisition Act. While disposing of the above writ

petitions, the Division Bench was pleased to observe in Para 23 of the order that the lands required for Mining of Coal by the SECL in the present

case, moreover, are located in the Scheduled Areas and are owned by the Tribals. Article 244 (1) and the Fifth Schedule of the Constitution

makes provisions to ensure that the Tribals residing in the Scheduled Areas are not exploited and their rights over the lands are protected. This is

because, Tribals living in scheduled areas are dependent on the agricultural land for their living. Any project of the Central Government or the State

Government or any Corporation or Government Company owned by the Central Government or the State Government which deprives the Tribals

in the Scheduled Areas of their lands by acquisition either under the 1894 Act or the 1957 Act must ensure that such Tribals are rehabilitated and

re-settled with an alternative source of living in accordance with the policy of the appropriate government"". This Court directed that the State

Government and the SECL will provide the rehabilitation facilities to the eligible persons in accordance with the Policy of September, 1991 of the

State Government.

The order dated 12/11/2008 passed by the Division Bench of this Court was challenged by SECL in SLP (Civil) No. 2915/2009 before the

Supreme Court. The order dated 12/11/2008 passed by the Division Bench was stayed by the Supreme Court vide order dated 16/02/2009

subject to compliance of rehabilitation as directed by the Division Bench (Annexure-P/6, page ). The order dated 16/02/2009 was modified by the

Supreme Court vide order dated 25/03/2010 directing the respondents to comply the Rehabilitation Policy of 1991 as amended by the State

Government vide orders dated 31/12/1995, 23/03/1996 and 31/09/1998.

The Rehabilitation Policy dated 25/09/1991 (Annexure-P/1) issued by the State of Madhya Pradesh provided to grant the employment facility

in the following order :-

(i) First Priority :- One person of each family whose residential land and more than 1/3rd of the agricultural land is acquired.

(ii) Second Priority:- Land Acquired is more than 3 acres if un-irrigated and more than 2 acres if irrigated.

(iii) Third Priority :- Entire land whether agricultural or residential is acquired.

(iv) Fourth Priority :- 2/3rd of the agricultural land is acquired.

The MPR&R Policy was amended vide letter dated 21/12/1995 providing that the land losers should be owner of the land for 20 years to

discourage transfer of land by way of sale etc to gain employment. It was further amended by order dated 31/08/1998 providing that the policy

will be applicable only in the cases where land oustees is in possession of the land for last 20 years. (Annexure-P/4). To avoid division of land

within family to secure employment. It is apparent from the MPR&R Policy that neither the quantity of land is the criteria for grant of employment

nor a person inheriting the property by way of succession is ineligible for employment on the ground of having ownership for less than 20 years.

Coal India also issued R&R Policy in May, 2008 (Annexure-P/4). In acquisition of 1729.59 acres, 1804 land owners were affected. At the rate of

one employment for two acres 864 appointments were to be made. Later on the appointments were to be made on 899 posts. As per the

MPR&R Policy and as per the directions issued by this Court and the Supreme Court the employment was to be offered in accordance with the

MPR&R Policy 1991 and subsequent amendments.

Initially, proposal for employment of 730 persons was sent vide Annexure-P/7 and by order dated 07/01/2008 Annexure-P/8 303

appointments were approved in accordance with the MPR&R in first phase. The petitioners in W.P. No. 7968/2009 and W.P. No. 11456/2009

were declared eligible for appointment in Annexure-P/7. Respondents started giving appointments to the persons in gross violation of MPR&R

Policy. Writ Petition No.6649/2009 was filed by the petitioner complaining the above violation of the policy. On undertaking of the respondents

that the appointments shall be made in accordance with the Policy of 1991 and in case still the vacancies are left then the Coal India Policy 2008

will be followed, the writ petition was disposed of by order dated 17/07/2009 granting liberty to the petitioner to approach this Court if the need

arises. On the very next day, appointment orders in respect of 108 persons were issued again in violation of the MPR&R Policy as well as Coal

India Policy, hence the instant petition was filed.

During pendency of the present writ petition, the Civil Appeal filed before the Apex court was finally decided vide order dated 12/08/2014

recording the statement made on behalf of the respondents to the effect that they will make appointments following MP R&R policy and also Coal

India policy 2012. (Annexure-P/31 ).

The Civil Appeal filed before the Apex Court was finally decided vide order dated 12/08/2014 by issuing the following directions :

Application for impleadmet is rejected.

Heard the learned counsel appearing for the petitioners. It has been fairly submitted by the learned counsel for the petitioners that the petitioners

would follow the policy set up by the State of Madhya Pradesh with regard to giving employment to the persons whose lands have been acquired.

In addition thereto, it has been submitted by him that even as per the policy laid down in the Rehabilitation and Resettlement Policy of Coal India

Ltd., 2012, all the 899 persons will be given employment.

It has been further submitted by him that no land owner has filed any appeal which is to be decided in accordance with Section 14 of the Coal

Bearing Areas (Acquisition & Development) Act, 1957, and, therefore, the Tribunal has not been constituted.

In view of the above facts stated by the learned counsel appearing for the petitioners, we see no reason to interfere with the impugned order

passed by the High Court. The impugned order stands modified to the extent as submitted by learned counsel for the petitioners. The Special

Leave Petitions are disposed of accordingly.

Both the parties are agreed that the writ petition may be disposed of in light of the directions issued by the Apex Court. Learned senior counsel

for the respondents also submits that the respondents will make appointment in accordance with the Coal India Policy, 2012 and M.P. R&R

Policy. Both the parties submit that if the appointments are required to be considered, then 156 appointments which were already made by them

are required to be scrutinized to ascertain as to whether the appointments are made as per the M.P. R&R Policy and Coal India Policy, 2012. The

appointments which are found to be contrary to the policy will have to be cancelled and remaining appointments will have to be made strictly in

accordance with the policy framed by the State of Madhya Pradesh and the Coal India Policy, 2012.

Thus, with consent of both the parties, the writ petition filed by the petitioners is disposed of by issuing the following directions :

(i) The respondents are directed to make available 899 vacancies by following MP R&R policy 1991 as amended in 1995, 1996 and 1998 and

Coal India policy 2012 as undertaken by the respondents before the Apex court and approved by the Apex court vide order dated 12/08/2014 .

(ii) Appointments of 516 persons already made are required to be scrutinized in the light of the MP R&R policy and Coal India policy 2012 and

modalities framed by SECL. Those appointments which are found in accordance with the above policies will be allowed to continue and the

appointments found to have been made in violation of the policy are required to be cancelled after affording them the opportunity of hearing.

(iii) If the appointments which are made contrary to the policy, are cancelled, then the posts which are fallen vacant due to cancellation of

appointments shall be filled up by the respondents in accordance with the policy.

(iv) Entire exercise is required to be conducted under the supervision of the District Rehabilitation Committee constituted under the Chairmanship

of the Collector District Anooppur. In case the Collector is not able to settle a dispute the same should be referred to the State Government.

(v) The respondents are directed to carry out the entire exercise within a period of six months from the date of receipt of certified copy of this

order so that the persons illegally appointed do not continue for long period and deserving persons are not deprived of their right for a long period.