TIRITHRAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since common question of law and fact is involved in all the above writ petitions, they were clubbed together and heard analogously and are being disposed of by this common order.

(2.) The petitioners are land oustees. Their lands have been acquired by the State of Chhattisgarh for the purpose of respondent No.2 National Thermal Power Corporation Limited, Seepat, Bilaspur (for short, 'the NTPC'). It is the case of the petitioners that they have been provided compensation against the acquisition of their lands, but they have not been granted employment as per the scheme of Resettlement and Rehabilitation Policy promulgated by the NTPC in the year 1993 and substituted in the year 2010 and therefore they are entitled for employment and rehabilitation. It is the further case of the petitioners that non-grant of employment and not granting rehabilitation is totally arbitrary, illegal and without jurisdiction and contrary to the decision of the Supreme Court in the matter of Banwasi Seva Ashram v. State of U.P. and others, AIR 1992 SC 920.

(3.) In the returns filed, the respondents have disputed the correctness of the averments made in the writ petitions and stated that compensation has already been given and the amount of rehabilitation has also been given to them and the petitioners/land oustees have also executed affidavits to that effect in favour of the NTPC after taking the amount of rehabilitation. Copies of agreements have also been said to have been filed on record.