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of <h1>Court sets cut-off date for compensation, impacting land acquisition and rehabilitation policies.</h1> <h3>MAHANADI COAL FIELDS LTD. & ANR Versus MATHIAS ORAM & ORS</h3> MAHANADI COAL FIELDS LTD. & ANR Versus MATHIAS ORAM & ORS - TMI Issues Involved:1. Cut-off date for determining compensation.2. Applicability of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (R&R Act, 2013).3. Applicability of the Orissa Rehabilitation Policy of 2006 or the subsequent Policy of 2013.4. Determination of family unit for employment benefits under the 2013 Policy.5. Reopening of determinations based on change in policies after acceptance by the court.6. Entitlement to housing plots.7. Creation of facilities and amenities such as schools, community centres, medical facilities, etc.Detailed Analysis:I. Cut-off Date:The court determined that the cut-off date for compensation should be September 2010, as initially decided for village Gopalpur. This date was universally applied to other villages, ensuring consistency and preventing reopening of settled matters. The court emphasized that reopening the issue would lead to considerable uncertainty and delays. The compensation determination based on this cut-off date includes statutory interest and solatium.II. Applicability of the R&R Act, 2013:The court held that the R&R Act, 2013, applies from 28.08.2015, the date of the Central Government's notification. The Act's provisions, including the First, Second, and Third Schedules, are applicable to the acquisition in question. Reports finalized before this date cannot be interfered with, but those pending approval must comply with the R&R Act, 2013. Consequently, compensation for villages Tumulia, Jhupuranga, Ratansara, and Kirpsara must be re-determined under the R&R Act, 2013.III. Applicability of the Orissa Rehabilitation Policy of 2006 or the subsequent Policy of 2013:The court found that the R&R Policy 2006, as amended in 2013, applies. The policy defines a family unit as the head of the family or father, a major son, and an unmarried daughter. If the major son cannot be given employment, a major grandson would be eligible. The policy does not allow for concurrent eligibility of the father, son, and grandson. The court also held that cases already adjudicated and approved by the court cannot be reopened.IV. Determination of Family Unit for Employment Benefits:The court clarified that the family unit for employment benefits comprises the head of the family or father, a major son, and an unmarried daughter. If the major son is ineligible, a major grandson can be considered. This interpretation ensures that only two members (father and son or grandson) are eligible for employment, apart from the unmarried daughter.V. Reopening of Determinations Based on Change in Policies:The court held that the Commission could not reopen determinations based on policy changes after acceptance by the court. This ensures finality and prevents prolonged litigation. Employment benefits already provided cannot be revisited.VI. Entitlement to Housing Plots:The court directed that resettlement plots must be developed and allotted within a specified timeframe. The Collector, with the help of nodal officers, must ensure this process is completed within nine months, and development should not exceed 15 months. If plots are inadequate, a draw of lots will determine allotment, and those left out will receive a one-time compensation of Rs. 25 lakhs.VII. Creation of Facilities and Amenities:The court mandated that all facilities and amenities outlined in the Third Schedule to the R&R Act, 2013, must be provided in resettlement areas. The State Government must ensure these amenities are functional within three years. SC/ST members displaced must retain their status and be issued fresh certificates.Conclusions and Directions:1. The cut-off date for determining compensation is September 2010.2. The R&R Act, 2013, applies from 28.08.2015, and benefits apply to specific villages.3. The R&R Policy 2006, as amended in 2013, applies for employment benefits.4. A family unit for employment benefits includes the head of the family, a major son, and an unmarried daughter. A major grandson is eligible if the son is ineligible.5. Determinations already approved cannot be reopened.6. Resettlement plots must be developed and allotted within specified timeframes, with compensation provided if plots are inadequate.7. All facilities and amenities must be provided in resettlement areas, and SC/ST members must retain their status.The court exercised its special powers under Article 142 of the Constitution to ensure justice and prevent prolonged hardship for the landowners. All matters were disposed of in terms of these directions, with no order as to costs.
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