- Case
- MAHANADI COAL FIELDS LTD. v. MATHIAS ORAM (Supreme Court of India, 03-01-2025)
- Law
- Coal Bearing Areas (Acquisition and Development) Act, Code of Civil Procedure.
Land Acquisition and Resettlement & Rehabilitation: The judgment extensively discusses land acquisition, compensation, and R&R benefits, particularly concerning Mahanadi Coalfields Limited (MCL) and land oustees. It refers to the R&R Act, 2013, and the R&R Policy 2006 as amended by the 2013 policy. Paragraph 68 outlines key directions, including the cut-off date for compensation (September 2010 based on the Gopalpur model), the applicability of the R&R Act, 2013 (applicable from 28.08.2015), and the application of the R&R Policy 2006 (as amended) for employment benefits. It clarifies the composition of a family unit for employment benefits and states that the Commission cannot reopen determinations based on changes in state policies. Paragraph 68 also addresses housing plots, directing the State and MCL to ensure land development and empowering nodal officers. It discusses the Collector's role in notifying plots, ascertaining landowners' views, and providing alternative cash settlements. Further, it directs the State to develop facilities per the Third Schedule of the R&R Act, 2013, and protect the status of SC/ST communities under Section 42 of the R&R Act, 2013. Compensation determination must be completed within six months. Paragraph 69 directs that fresh disputes regarding compensation calculation be adjudicated by the High Court. The judgment also refers to the CBA Act, 1957, specifically Section 17, regarding the constitution of a CBA Tribunal for compensation grievances. Paragraph 34 clarifies the applicability of the First Schedule of the R&R Act, 2013, and directs the re-determination of compensation for certain villages.
The Rehabilitation and Resettlement Act, 2013: The judgment discusses the applicability of the R&R Act, 2013. Paragraph 68(ii) states that the Act cannot apply prior to its enforcement date (01.01.2014) and 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 (applicable from 28.08.2015). It also states that reports finalized before that date cannot be interfered with. Paragraph 68(v)(b) mentions Section 42 of the R&R Act, 2013, regarding the preservation and protection of the status of SC/ST communities. Paragraph 68(v)(a) refers to the Third Schedule of the R&R Act, 2013, concerning the development of facilities and amenities. Paragraph 34 clarifies the applicability of the First Schedule of the R&R Act, 2013, to the acquisition in question.
The Coal Bearing Areas (Acquisition and Development) Act, 1957: The judgment refers to the CBA Act, 1957, in the context of land acquisition for MCL. Paragraph 68(ii) mentions that the R&R Act, 2013, 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. Paragraph 03 mentions Section 17 of the CBA Act, 1957, regarding the constitution of a CBA Tribunal to hear grievances related to compensation.
Civil Procedure: The judgment deals with Miscellaneous Applications (M.A.) and Interlocutory Applications (I.A.) filed in the Supreme Court. It discusses the disposal of these applications and the directions given to the High Court. The judgment also touches upon the issue of reopening cases that have already attained finality.
