RADHELAL RATHIYA Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition styled as 'Public Interest Litigation' has been filed by seven Petitioners, which originally was to challenge the acts and omissions on the part of Respondent/State authorities in acting contrary to the provisions of Chapter V of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ('the Act of 2013', for short) in connection with the 'Rehabilitation and Resettlement Award' in respect of the displaced persons and/or affected families on acquisition of lands for construction of the East Rail Corridor Scheme. It was with regard to acquisition of lands in different villages, namely, Mohapara, Gurda, Baanipathar, Chodha, Kukuracholi, Baramona, Bhalunara, Madanpur and Bhelwadih in Raigrah district, allegedly detrimental to the rights and interests of the agriculturists, dependents and workers who lost the lands and also the means of livelihood. There was also a challenge against a Circular dated 29. 08. 2016 (Annexure P/3) whereby the effect of earlier Circular dated 11/14. 09. 2015 (Annexure P/2) was nullified, stipulating that the rehabilitation will be available only in respect of persons whose lands came to be acquired, which according to the Petitioners, is not correct, as the term 'affected family' defined under the Act of 2013 is much wider.

(2.) The prayers raised earlier, were as given below :

(3.) Subsequently, the Petitioners came up with the contention that they came to know only later, that the acquisition was actually based on the notification issued under the Railways Act , 1989 ('the Act of 1989' for short) and not under the Act of 2013. The writ petition was caused to be amended incorporating the said factual aspects in para-8. 11 and seeking for a totally different prayer in paragraph-10AA in the following terms :