Yog Raj Gupta vs State of Himachal Pradesh

Tarlok Singh Chauhan, J.—The petitioners by way of the present writ petition have prayed for the following substantive relief:-

i) That the respondents may kindly be directed to grant benefit to the petitioners as prescribed under the Scheme annexure P- 2 especially under Clauses 3.0 and 3.1 and all other benefits granted to the similarly situated persons by the respondents who have become houseless/landless under the Scheme.

Admittedly, the land/house of the petitioners has been acquired for the construction of Kol Dam Hydro Electric Project in District Bilaspur. It is also not in dispute that a tripartite agreement had been executed between the Government of Himachal Pradesh, National Thermal Power Corporation (for short ''NTPC'') and the Himachal Pradesh State Electricity Board (for short ''HPSEB'') for the execution of Kol Dam Hydro Project on 26.02.2000 where under a scheme for rehabilitation was framed, wherein in addition to the compensation benefits under the provisions of the Land Acquisition Act, the persons, who had become landless/houseless were entitled to certain other benefits. The salient features of the scheme as are relevant for the purpose of deciding the case are as under:-

1.2. In this scheme, unless there is anything repugnant in the subject of context.

(a) "Oustee" means a Land Owner who has been deprived of his house or land or both on account of acquisition proceedings/private negotiations in connection with the Construction of Kol Dam Project and entitled to compensation in lieu thereof and includes his successors in interest.

(b) "Family" means husband/wife, who is entered as owner/co-owner of land in the Revenue Record, their children including step or adopted children and includes his/her parents and those brothers and sisters who are living jointly with him/her as per entries of Panchayat Pariwar Register as on the date of notification u/s 4 of the Land Acquisition Act, 1894. Provided that only the Panchayat Pariwar Register entry, as it stood on date of notification under Section- 4 of the Land Acquisition Act, 1894 shall be taken into account for the purpose of ''Separate Family'' for Rehabilitation benefit i.e. consideration for employment etc.

(c) The work ''regular employment'' means employment on regular basis in accordance with qualification.

(d) "Holding" means the land holding possessed by the family of an oustee immediately after acquisition of his property.

(e) The words and expression used in this scheme be not defined here in, shall have the same meanings as assigned to them in the Himachal Pradesh Nautor Land Rules, 1968.

2.1.1. Resettlement Grant:

Each oustee family which will be rendered houseless on account of acquisition of land/house for the KOL DAM Project shall be entitled to:

a. Compensation of Rs. 60,000/- in the form of houseless grant, and

b. Infrastructural facility in the oustee colony which will include developed house site measuring 50x40 (one plot for each family), electrification for street lighting, line for drinking water suitable, pacca approach road/path and Sulabh Sauchalaya.

Families who do not opt for plot of land (including other infrastructure) will be entitled for Rs. 25,000/- as infrastructure grant in the same line.

2.2. Rehabilitation Grant:

2.2.1. Landless Grant:

The family who are rendered landless on account of acquisition of their land shall be eligible for landless grant in the following manner:-

i) Family which having more than 5 bighas land rendered landless-Rs. 50,000/-.

ii) Family whose land holding was less than 5 bighas and rendered landless Rs. 45,000/-.

iii) Families who are left with less than one biswa after acquisition will be treated as landless.

Part-III

3.0. Employment:

Employment shall be provided by the Project Authority for personnel in the category of unskilled and skilled workmen as specified in para 8.1, 8.2 of the agreement. The eligibility criterion for regular employment where referred will be as follows. The status will be determined on the date of notification of transfer.

3.1. (Subject to the above) one member of each affected family will be short listed for consideration for employment depending upon the number of jobs in the Kol Dam Hydel Project in the following manner.

Copy of Scheme for the Rehabilitation and Resettlement of the oustees of Kol Dam Hydro Electric Project is being annexed herewith and marked as Annexure P-2.

It is not in dispute that all the benefits to which the petitioners were entitled under the Land Acquisition Act have been paid to them. The only grievance of the petitioners pertains to the implementation of Clauses 3.0 and 3.1 of the scheme (supra). Here, it may be noticed that at no stage have the respondents ever denied their obligations with respect to the compliance of Clauses 3.0 and 3.1 of the scheme. Rather, even during the course of arguments, it was categorically pointed out by the learned counsel for the respondent No. 4 i.e. ''NTPC'' that the said respondent is not only obliged to follow but is bound by the tripartite agreement so entered into. However, at the same time, the petitioners will have to compete for the posts along with similarly situated persons as and when the posts of unskilled and skilled workmen are sought to be filled-up.

In light of the aforesaid submission, the present petition is disposed of with the directions that as and when respondent No. 4 decides to fill-up the posts of unskilled and skilled workmen in terms of Clause 3.0, the cases of the petitioners shall also be considered in case they are eligible in accordance with the scheme.

The writ petition along with pending application(s), if any, is disposed of in the aforesaid terms, leaving the parties to bear their own costs.