9911796707
TMI Blog2010 (7) TMI 1219X X X X Extracts X X X X X X X X Extracts X X X X ..... e. In our social and economic life, we shall, by reason of our social and economic structure, continue to deny the principle of one man one value. How long shall we continue to live this life of contradictions? How long shall we continue to deny equality in our social and economic life? If we continue to deny it for long, we will do so only by putting our political democracy in peril. We must remove this contradiction at the earliest possible moment or else those who suffer from inequality will blow up the structure of political democracy which this Assembly has so laboriously built up. What would have been Dr. Ambedkar's reaction to the facts of this case? This is one of the thoughts in our mind while dealing with the case. 2. Since independence India has indeed covered a long way on the path of development and economic growth. It continues to take long strides on that path. But how far have we been able to live down the fears expressed by Dr. Ambedkar about our democratic Constitution? How far have we been able to get rid of the contradictions in our life? This case raises these difficult questions. 3. We are anxious that India should develop and grow fast and become ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (plus solatium for the compulsory nature of acquisition!) to the land holder. The law is based on the twin sound principles of the eminent domain of the sovereign and the largest good of the largest number. 7. Seen thus, the whole issue of development appears to be so simple, logical and commonsensical. And yet, to millions of Indians, development is a dreadful and hateful word that is aimed at denying them even the source of their sustenance. It is cynically said that on the path of ` mal development' almost every step that we take seems to give rise to insurgency and political extremism (which along with terrorism are supposed to be the three gravest threats to India's integrity and sovereignty). 8. The resistance with which the state's well meaning efforts at development and economic growth are met makes one to think about the reasons for such opposition to the state's endeavours for development. Why is the state's perception and vision of development at such great odds with the people it purports to develop? And why are their rights so dispensable? Why do India's GDP and HDI (Human Development Index, which is broadly used as measure of life expecta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n states where a particularly violent group of political extremists, has been able to gain sufficient strength to pose a threat to Constitutional governance of the state. This group openly defies the democratic system of the country and is committed to overthrow the Constitution by brutal and murderous means. According to news paper reports, in the district of Sundergarh, where the acquired lands are situated, the extremist group looted 550 kilograms of explosives in April 2003 and in August 2009 blew up a railway station. 15. The other fact is that this is not an isolated case. We have come across many such cases of land acquisition. 16. Now, to the facts of the case: Mahanadi Coalfields Ltd., the petitioner before this Court, is one of the subsidiaries of Coal India Ltd., the biggest coal producing organization in the country and one of the `Navratnas' among India's public sector undertakings. Mahanadi Coalfields Ltd. has filed this SLP against the judgment and order passed by Orissa High Court on November 13, 2006 in Writ Petition (Civil) No. 11463 of 2003. By the impugned judgment the High Court directed the Central Government and the petitioner (respondent No. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e- notification of those lands (This, after more than twenty years of acquisition!). On behalf of the Central Government, however, it was stated that the coal company's proposal for de-notification was rejected by order dated September 12, 2006. The High Court then referred to Section 13(5) of the Act and pointed out that any person whose land is acquired under Section 9 of the Act must be paid compensation after taking into consideration the factors enumerated under that Sub-section of Section 13. The High Court expressed its concern that the writ petitioners were not paid compensation for their lands taken away from them more than two decades ago and disposed of the writ petition with the direction to both the coal company and the Central Government, as noted above. 19. The Central Government, apparently, did not take much notice of the High Court order but the coal company brought the matter to this Court. It seeks to challenge the High Court order on the plea that it has no liability to pay compensation for the lands acquired by the Central Government since they are of no use for the purpose of mining operations nor are they likely to be needed in the near future as per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o decades ago, the extent of actual physical possession needs to be re-ascertained, it is necessary that the genuine landowners, amount of compensation payable, status of possession, use to which the land has been put in the last two decades, is discovered. The entire land needs to be surveyed again. 4. In accordance with the advice of the learned Solicitor General, a Claims Commission needs to be set up with representatives of the Central Government as well as MCL. It is submitted that the Claims Commission will consist of 3 Members: (a) A former Judge of the High Court of Orissa (Chairman); (b) An officer who has held a post/office equivalent to the rank of Secretary to the Government of India; (c) An officer to be nominated by Chairman, Coal India Ltd. The Claims Commission will carry out the exercise referred to above and submit a report on the compensation payable and the persons to whom it should be paid, within a period six months. 5. The above-said report will be submitted to the Central Government, and upon formal approval by the Central Government, MCL will make payment within a further period of two months. 6. Some portions of the land have been dete ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns and modifications as stated below. 22. We nominate Mr. Justice A.K. Parichha, a former Judge of the High Court of Orissa as Chairman of the Commission. Mr. Solicitor General in consultation with the Secretary, Ministry of Coal, Government of India, shall nominate an officer who has held a post/office equivalent to the rank of Secretary to the Government of India as one of the members of the Commission within two weeks from today. Similarly, the Chairman, Coal India Ltd. shall nominate an officer as the other member of the Commission. Mr. Justice A.K. Parichha, shall be paid honorarium, equal to the monthly salary of a sitting High Court Judge and he shall be entitled to all other facilities as available to a sitting judge of the High Court. The officer nominated by Mr. Subramanium/Secretary, Ministry of Coal, Government of India, shall similarly be entitled to honorarium and other facilities available to a serving officer of his rank. All the expenses of the Commission shall be borne by Coal India Ltd. The Commission shall prepare its report as envisaged in the scheme, first in respect of the lands in village Gopalpur, District Sundergarh, Orissa, as soon as possible and in a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
