Case Note & Summary
The petitioners, Namdeo (land owner) and his grand-daughter Sonu, filed a writ petition under Article 226 of the Constitution of India seeking employment for Sonu under the Rehabilitation and Resettlement (R&R) Policy of Western Coal Fields Ltd. (WCL). Namdeo's land measuring 1.62 HR was acquired for WCL's project under the Coal Bearing Areas (Acquisition and Development) Act, 1957. The Preliminary Notification under Section 4(i) was issued on 19.04.2009, and the Section 9(i) Notification was published on 22.10.2011, vesting the land in the Central Government. Namdeo nominated his grand-daughter Sonu for employment. Initially, the respondents accepted the nomination, subjected Sonu to medical examination, and provided her vocational and job training. However, by communications dated 19.11.2016 and 20.08.2021, the respondents denied employment on the ground that a grand-daughter is not eligible under the policy, as she does not fall within the definition of 'family' and was not dependent on the land owner. The respondents contended that the 2012 Policy applies, under which 'other relatives' are omitted, and that Sonu's father Suresh was alive and owned land, making her dependent on him rather than on Namdeo. The court framed the issue of which policy applies and whether a grand-daughter is entitled to employment. The petitioners argued that the 2008 Policy applies because the Section 9(i) Notification was published before the 2012 Policy, and the inclusive definition of 'family' in the 2008 Policy includes 'other relatives', relying on the decision in Pradip Bhoyar v. Union of India. The respondents relied on Dhanraj Panchbudhe v. Coal India Ltd. and Shankar Bodhe v. WCL, which denied claims under the 2012 Policy. The court held that the date of publication of the Section 9(i) Notification (22.10.2011) determines the applicable policy, not the date of possession or payment of compensation, and thus the 2008 Policy applies. The court further held that the definition of 'family' in the 2008 Policy is inclusive and beneficial, and a grand-daughter qualifies as an 'other relative' if she resides with and is dependent on the land owner. The respondents' initial acceptance and training of Sonu indicated that she met the criteria. The court allowed the petition, directing the respondents to provide employment to Sonu within eight weeks.
Headnote
A) Rehabilitation and Resettlement - Employment to Grand-Daughter - Applicable Policy - The date of publication of Notification under Section 9(i) of the Coal Bearing Areas (Acquisition and Development) Act, 1957 determines the applicable R&R Policy, not the date of taking possession or payment of compensation. Since Section 9(i) Notification was published on 22.10.2011, the 2008 Policy applies. (Paras 13-14) B) Rehabilitation and Resettlement - Definition of 'Family' - Inclusive Construction - The term 'family' in the 2008 Policy includes 'other relatives residing with him or her and dependent on him or her for their livelihood'. Being a beneficial piece of subordinate legislation, a liberal construction advancing the purpose of resettlement must be adopted. A grand-daughter qualifies as an 'other relative' if she resides with and is dependent on the land owner. (Paras 10-11, 15-16) C) Rehabilitation and Resettlement - Dependency of Grand-Daughter - The fact that the grand-daughter's father is alive does not automatically disentitle her from being dependent on her grand-father (land owner). The policy does not require that the nominee be dependent exclusively on the land owner. The respondents' initial acceptance of the nomination, medical examination, and training indicate that the grand-daughter met the criteria. (Paras 7, 15-16)
Issue of Consideration
Whether a grand-daughter is entitled to employment under the Rehabilitation and Resettlement Policy as a nominee of the land owner whose land was acquired under the Coal Bearing Areas (Acquisition and Development) Act, 1957, and which policy (2008 or 2012) applies.
Final Decision
The petition is allowed. The respondents are directed to provide employment to petitioner No.2 (grand-daughter) in terms of the R&R Policy within eight weeks from the date of the order.
Law Points
- Rehabilitation and Resettlement Policy
- Coal Bearing Areas (Acquisition and Development) Act
- 1957
- Section 9(i)
- Section 10
- definition of family
- beneficial construction
- date of vesting determines applicable policy
