KOMAL KEWAT Vs. COAL INDIA LIMITED AND OTHERS

JUDGEMENT

(1.) All these above writ petitions are being decided by this common order as the point involves in these writ petitions is identical. For the sake of brevity, the facts are taken from Writ Petition No.7968/2009.

(2.) The petitioners have filed this petition praying for direction in the nature of certiorari thereby quashing the appointment orders issued in favour of 108 persons including the persons as mentioned in Annexure-P/16 in violation of Rehabilitation Policy of 1991. Further direction has been sought against respondents No.1 to 5 to strictly follow the Rehabilitation Policy, 1991 framed by the State of Madhya Pradesh.

(3.) An area measuring 1729.59 acres of land in Village Aamadand, Nimha and Kuhka was acquired by the State authorities at the request of Central Government for the purposes of Mining Rights to be exercised by SECL during the year 2004-05 under the Provisions of Land Acquisition Act , 1894. The acquisition was challenged before this Hon'ble in W.P. No. 13561/2005 (PIL) filed by one Shri Naresh Singh & Others and in other writ petitions. The writ petitions were disposed of by order dated 12/11/2008 passed by the Division Bench of this Court and while maintaining the acquisition it was directed that notification for acquisition of land will be issued by the Central Government under the Coal bearing areas (Acquisition and Development) Act , 1957 (Annexure-P/5) instead of Land Acquisition Act . While disposing of the above writ petitions, the Division Bench was pleased to observe in Para 23 of the order that the lands required for Mining of Coal by the SECL in the present case, moreover, are located in the Scheduled Areas and are owned by the Tribals. Article 244 (1) and the Fifth Schedule of the Constitution makes provisions to ensure that the Tribals residing in the Scheduled Areas are not exploited and their rights over the lands are protected. This is because, Tribals living in scheduled areas are dependent on the agricultural land for their living. Any project of the Central Government or the State Government or any Corporation or Government Company owned by the Central Government or the State Government which deprives the Tribals in the Scheduled Areas of their lands by acquisition either under the 1894 Act or the 1957 Act must ensure that such Tribals are rehabilitated and re-settled with an alternative source of living in accordance with the policy of the appropriate government". This Court directed that the State Government and the SECL will provide the rehabilitation facilities to the eligible persons in accordance with the Policy of September, 1991 of the State Government.