MAHANADI COAL FIELDS LTD. & ANR. versus MATHIAS ORAM & ORS.

MAHANADI COAL FIELDS LTD. & ANR. versus MATHIAS ORAM & ORS.

The Court held that the R&R Act, 2013 could not apply prior to its coming into force and, for acquisitions under the CBA Act, its First, Second and Third Schedules became applicable from the date the Central Government issued the notification bringing those Schedules into force for the CBA Act (28.08.2015). The Court accepted a single cut-off date of September 2010 (Gopalpur date) for determination of compensation across the acquisition, to avoid reopening settled determinations. For villages whose Commission reports were not approved before 28.08.2015 (Kiripsira, Ratansara, Jhupuranga and Tumulia) compensation and related entitlements are to be redetermined under the First Schedule of...

Parties
Applicant: Mahanadi Coal Fields Ltd. & Anr.; Respondent: Mathias Oram & Ors.
Jurisdiction
India
Judgment Date
03 November 2022
Procedural Posture
Special Leave Petition (c) No. 6933 of 2007; Miscellaneous Application No. 231 of 2019 / Judgment
Outcome
All pending applications and contempt petitions disposed of with directions; reports for some villages to be finalized or re-determined and detailed implementation directions issued.
Legal Topics
Applicability of R&r Act, 2013 to Acquisitions Under CBA Act, Cut Off Date for Determination of Compensation, Resettlement and Rehabilitation Benefits and Implementation, Employment Entitlements Under State R&r Policy, Protection of Sc/st Entitlements Under Ss.41 42 R&r Act
Land Acquisition Rehabilitation and Resettlement Constitutional Law Administrative Law Applicability of R&r Act, 2013 to Acquisitions Under CBA Act Cut Off Date for Determination of Compensation Resettlement and Rehabilitation Benefits and Implementation Employment Entitlements Under State R&r Policy +1 more

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Parties

Mahanadi Coal Fields Ltd. & Anr.

Applicant

Mathias Oram & Ors.

Respondent

Procedural Posture

Special Leave Petition (c) No. 6933 of 2007; Miscellaneous Application No. 231 of 2019 / Judgment

Legal Issues

  1. 1 What cut-off date applies for determining compensation?
  2. 2 Whether the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 applies and from which date
  3. 3 Whether State R&R Policy 2006 or its 2013 amendment applies for employment benefits and how family unit is to be construed

Ratio Decidendi

The Court held that the R&R Act, 2013 could not apply prior to its coming into force and, for acquisitions under the CBA Act, its First, Second and Third Schedules became applicable from the date the Central Government issued the notification bringing those Schedules into force for the CBA Act (28.08.2015). The Court accepted a single cut-off date of September 2010 (Gopalpur date) for determination of compensation across the acquisition, to avoid reopening settled determinations. For villages whose Commission reports were not approved before 28.08.2015 (Kiripsira, Ratansara, Jhupuranga and Tumulia) compensation and related entitlements are to be redetermined under the First Schedule of...

Court Disposition

All pending applications and contempt petitions disposed of with directions; reports for some villages to be finalized or re-determined and detailed implementation directions issued.

Orders

  • Cut-off date for determination of compensation fixed as September 2010 (Gopalpur date) for the entire acquisition.
  • R&R Act, 2013 applies to acquisitions under the CBA Act only from the date the Central Government notification made First, Second and Third Schedules applicable to the CBA Act (28.08.2015); reports finalized before that date shall not be reopened.