Eastern Coalfields Limited v. Anadinath Banerjee (d) and Others

DR. DHANANJAYA Y CHANDRACHUD, J. 1. Leave granted. 2. These appeals arise from a judgment of a Division Bench of the High Court of Calcutta dated 9 September 2013, by which it affirmed the judgment of a Single Judge in a Letters Patent Appeal. 3. The issue is whether the respondent is entitled to employment by the appellant in lieu of the acquisition of lands. Eastern Coalfields Limited is a subsidiary of Coal India Limited and is a government company within the meaning of Section 617 of the erstwhile Companies Act 1956. An expansion scheme was proposed for the Sonepur Bazari Open Cast Project which is located in Raniganj Coalfield in West Bengal. A meeting took place between the representatives of the Company, persons whose lands were acquired, and the state go vernment. In pursuance of the discussions, a tripartite agreement appear s to have been arrived at, under which a person whose lands had been acquired would be entitled to employment by Eastern Coalfields if the acquired land-holding was at least 2 acres. Though the Tripartite agreement has not been placed on the record, the pleadings and submissions before the High Court and this court have proceeded on this position being undisputed. The authorities on 8 November 1991, prepared a rehabilitati on list of thirty-seven eligible candidates from whom more than 2 acres of land was acquired in pursuance of what is described as a “one time package deal/tripartite decision”. The name of the respondent was not included in this list. 4. The respondent founded his claim for employment on a certificate issued by the Land Acquisition Collector on 14 January 1993 specifying the extent of land of the respondent. The certi ficate, inter alia, specified that the land held by the respondent No. 1 in his own name was comprised in two plots, namely, plot No 1945 (admeasuring 0.095 acres) and plot No 1948 (admeasuring 0.205 acres). Thus the landholding of the respondent in his own name was 0.300 acres. However, Collector’s certificate contained a reference to the nam es of certain other persons, including relatives of the respondent, who had executed affidavits in favour of the respondent. After taking those affidavits into consideration, the holding of the respondent was computed at 2.01 acres. EASTERN COALFIELDS LIMITED v. ANADINATH BANERJEE (D) However, as stated earlier, it is evident from the Collector’s certificate that the actual holding of the respondent in his own name was in respect of plot Nos 1945 and 1948 admeasuring 0.300 acres. 5. The Respondent’s writ petition seeking employment in view of the rehabilitation employment scheme was disposed on 14 October 1996 by directing the appellant to consider the claim of the respondent. The Personnel Manager of the Sonepur Bazari Area rejected th e claim of the Respondent on the ground that he only held 2.01 acres of land, which was lesser than the 2.04 acres of minimum holding of acquired land required under the rehabilitation employment scheme. This led t o the institution of a writ petition before the High Court. An aff idavit in opposition was filed to the writ petition on behalf of the appellant. In the affidavit, it was categorically stated that: “The land of the petitioner no.1 was in possession of 0.205 acres as per the Land Acquisition Certificate issued by th e Land Acquisition Collector, Burdwan on 14th January, 1993 . The eligibility criteria for consideration of employment is that each of the land looser must have 2 acres of land but in the instant case admittedly writ petitioner possessed 0.205 acres of land which is far less than the eligibility criteria. It will be ev ident from the annexure ‘P-5’ to the writ petition that the name of the petitioner appeared at SI. No. 40 in the rehabilitation list and such list was not meant for providing employment as per eligibility criteria. The petitioner cannot claim any benefit and/or advantag e for employment on the basis of the list being annexure ‘P-5’ to the writ petition. In this connection a copy of the certificate so issued by the Land Acquisition Collector is annexed hereto and marked with the letter “R-1”. Moreover, it was also submitted that the lands in question had been acquired in 1990 and the petition before the High Court had been instituted after a lapse of over fifteen years. Once again in paragraph 12 of the affidavit, it was stated that: “With regard to paragraph 9 of the said Petition, it will be evident from the Land Acquisition Certificate R-1 issued by the Acquisition Collector, Burdwan on 14th January, 1993 that the quantum of land possessed by the petitioner was 0.205 acres only which is 513 far less than the eligible criteria. It will be evident from the annexure ‘P-5’ to the writ petition that the name of the petitioner appeared at SI. No. 40 in the rehabilitation package which was not means for providing employment as per eligible criteria. In this connection, I say that in spite of repeated opportunities given to the petitioners to produce the records pertaining to the claim but the petitioners ‘have failed and neglected to submit the same. In this connection, I repeat and reiterate the statements made in the p receding paragraphs.” The counter affidavit also set out that several opportunities were granted to the respondent to appear before the authorities and substantiate his claim, in spite of which no documents were produced by him. 6. The learned Single Judge allowed the claim of the respondent by a judgment dated 30 April 2013. The learned Single Judge proceeded on the basis that it was an admitted case that the land belonging to the respondent admeasuring about 2 acres was acquired for the purposes of the project. In this regard, the Single Judge placed reliance on the order passed by the Personnel Manager. On this basis, the Single Judge came to the conclusion that the respondent was in possession of land in excess of the minimum required (2 acres) and was, therefore, entitled to employment. On appeal, the order of the Single Judge has been affirmed by the Division Bench by a judgment dated 9 September 2013 7. We have heard Mr Kaustubh Shukla, learned counsel appearing on behalf of the appellant and Mr Pratik R Bombarde, learned counsel appearing on behalf of the respondent-claimant. 8. Before this Court, it is not in dispute that under th e tripartite agreement, a claimant would be eligible for the grant of employment if the land acquired for the purposes of the project is atleast 2.0 acres. In the present case, the only material on the record on which reliance has been placed by the claimant is the report of the Land Acquisition Collector. Ex facie, the report indicates that the total holding of 2.01 acres which has been computed for the respondent includes lands of several relatives and others, who are alleged to have executed affidavits in his f avour. For convenience of reference, the certificate of the Land Ac quisition Collector, Burdwan dated 14 January 1993, is extracted below: EASTERN COALFIELDS LIMITED v. ANADINATH BANERJEE (D) [DR. DHANANJAYA Y CHANDRACHUD, J.] “Anadi Nath Banerjee S/o Madan Mohan of Jamsole Vide 1 From:- Jamsol 2029 1.50 Affidavit Madan Banerjee S/o Abinash Vide 2 Asit Kr. Banerjee 1945 0.095 Affidavit S/o Madan Mohan 1948 0.11 Vide 3 Biswanath Bhattacharyay 1972 0.05 Affidavit S/o Bamapada Vide 4 Tapan Bhattacharyay 1972 0.05 Affidavit S/o Bishnu 5 Self No Name 1945 0.095 1948 0.205 TOTAL 2.01 Verified Total area come to 2.01 acres _______________________ Sd- 14.01.93 L.A. Collector, Burdwan” 9. There is merit in the submission which has been urged on behalf of the appellant that there was no documentary evidence to indicate that the respondent had title to land in excess of two acres. No documentary material was produced, not even revenue records. The holding of relatives and others cannot be included in the holding of the respondent merely on the basis of self-serving affidavits which would no t amount to a conveyance of title. 515 10. There is no doubt that in compensation schemes, the ‘family’ is considered as the unit. Though the tripartite agreeme nt and the rehabilitation employment scheme circular have not been placed on the record, it is evident from the minutes of the meeting on 14 N ovember 1990 that the ‘family’ is considered as a unit under the Re habilitation employment scheme as well. It was recorded: “With a view to finalizing the list of land loser families who would be entitled to jobs/subsistence allowance envisaged in G.C. No. 49019 of the Department of Co2.I, Government of India, dated 31 st May 1990 (a copy enclosed), it was felt that the list of land losers prepared above by L.A. Officials would be placed before a Screening Committee.” (emphasis supplied) 11. Under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement A ct, 2013, compensation and rehabilitation is provided to family units. For example, the Act refers to ‘affected families’ for the prepa ration of the rehabilitation and resettlement scheme (section 16 and second schedule of the Act), The definition of the phrase ‘family’ in Section 3(m ) is as follows: (m) ¯family includes a person, his or her spouse, minor children, minor brothers and minor sisters dependent on him: Provided that widows, divorcees and women deserted by families shall be considered separate families. Explanation.—An adult of either gender with or without spouse or children or dependents shall be considered as a separate family for the purposes of this Act; Many other social welfare provisions under legislative enactments and schemes such as the Employees’ Provident Fund Scheme, 1952 1, Payment of Gratuity Act, 19722 define ‘family’ to include wife, children, and dependent families. 12. The principle which can be deduced is that relatives who are not dependent on the claimant will constitute a separate family unit for the purposes of compensation and rehabilitation. The self-serving 1 Section 2(g) of the Employees’ Provident Fund Schem e, 1952. 2 Section 2(f) of the Payment of Gratuity Act, 1972. EASTERN COALFIELDS LIMITED v. ANADINATH BANERJEE (D) [DR. DHANANJAYA Y CHANDRACHUD, J.] affidavits executed by the father, brother and nephews of the respondent cannot be taken as the basis of determining whether the holding of the respondent was in excess of the threshold of two acres. Such affidavits create no interest in the land particularly when the persons who executed them do not fall within the ambit of the phrase ‘family’. 13. The Single judge and the Division bench of the High Court have proceeded on the basis that 2.01 acres of land was acquired fr om the respondent relying on the certificate of the Land Acquisition Collector and the view of the Personnel Manager. However, as stated ab ove, an affidavit in favour of the respondent does not transfer rights in the property. The view of the Personnel Manager is ex facie contrary to the tripartite agreement, and the High Court ought not to have relied on it. 14. In this view of the matter, both the learned Single Judge and the Division Bench were in error in directing the appellant t o grant employment to the respondent. The respondent was given suff icient opportunities to establish that his holding was in excess of 2 acres. Having failed to establish that his holding was in excess of 2 acres, the respondent was not entitled to employment. 15. We accordingly allow the appeals and set aside the judgment and order of the High Court of Calcutta dated 9 September 2013. In consequence, the Writ Petition filed by the responde nt shall stand dismissed. 16. Pending applications, if any, stand disposed of. Ankit Gyan Appeals allowed.