SURESH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner has prayed for the following reliefs: - (i) That quash and set aside Clause 3.1.5(b) of the Rehabilitation and Resettlement of the Oustees of Kol Dam Hydro Electric Project (Grant of land and other benefits) Scheme 1999. (ii) That the respondents be directed to consider the petitioner for the post of Artisan Trainee (Electrical) in the interest of Law, Equity and justice. -

(2.) Facts are not in dispute. On 26.2.2000 State of Himachal Pradesh entered into an agreement with the National Thermal Power Corporation Limited, a Public Sector Undertaking, to set up a 800 MW Hydroelectric Project on river Satluj in District Bilaspur, H.P. under the name of Kol Dam Hydroelectric Project. This agreement was entered into after a detailed project report was prepared and all environmental clearances, as required for the purposes of and upto the stage of signing of the agreement, were obtained from the statutory authorities. The project envisaged a situation where private land, agricultural and otherwise, belonging to land owners was to be acquired by the State Government. The extent of such land was envisaged to be upto 750 Hectares. For the purposes of rehabilitation of displaced person a Scheme known as, Rehabilitation and Resettlement of the Oustees of Kol Dam Hydro Electric Project (1999) was prepared by the State Government and the National Thermal Power Corporation Limited. In principal, the same was approved by the relevant Ministries also. Under the said Scheme, monetary compensation was to be given to all families, who were rendered homeless on account of acquisition of land for the purposes of establishing the Project. Colony for the oustees was also to be established. However, option was given to the land owners to accept monetary benefits in lieu thereof. The Scheme also envisaged that such of those families who were rendered landless on account of acquisition of their land, would also be eligible for a landless grant. Additionally, subject to availability of vacancies, one member of each family was to be considered for giving employment by the Corporation, with the only caveat that no member of a family would be eligible for consideration for employment if the total extent of acquired land was less than one biswa.

(3.) Clause 3.1.5 of the Scheme for the Rehabilitation and Resettlement of the Oustees of Kol Dam Hydro Electric Project (for short, the Scheme), reads as under: - In case of such affected families who are co -owners as a brothers and sisters and share of acquired land of each of such co - owners is one biswa of less and if they club their shares together with which quantum of acquired land becomes more than one biswa, only one member will be considered for employment against all such co -owners after their mutual consent.a) Provided that no member of a family whose total land acquired is one biswa or less, married daughter or heirs of pre ­deceased/ married daughter, who are recorded as co -owners in the revenue record with their brothers, sisters or parents shall be eligible for consideration of employment in the project.b) No member of affected family shall be eligible for consideration of employment if quantum of his acquired land is one biswa or less. c) No person shall be eligible for consideration of employment in the project who is not entered as member of the concerned affected family in the Panchayat Parivar Register. d) No family shall be entitled to give its right for consideration of employment to a member of some other family. e) No person of his family member shall be eligible for consideration of employment if he becomes owner of land by way of sale, gift, exchange etc. after the date of Notification of Section -4 of Land Acquisition Act, 1894. f) priority for consideration for providing employment from amongst eligible persons, not exceeding the number of unskilled and skilled workmen required to be recruited for the Project as decided by the Project Authority, shall be fixed by the concerned Deputy Commissioner in consultation with the Project Authority. -