Case Law Details
1. Common question of fact and law is involved in these batch of writ petitions, therefore, they were heard analogously and being decided by this common order.
2. The petitioners’ lands were subjected to acquisition by the State Government for the benefit of Lara Super Thermal Power Project under the National Thermal Power Corporation Limited (for short ‘N.T.P.C.’) and apart from compensation in accordance with rehabilitation policy, they were entitled for employment but in lieu of appointment, rehabilitation grant was provided to land ousters/petitioners by making payment of Rs.5,00,000/- as a lump sum amount.
3. By impugned order/notice dated 25/04/2015, the N.T.P.C. has held that land oustees are not residents of village-Chhapora and they have illegally obtained the rehabilitation grant, therefore, they are not entitled for benefit of rehabilitation grant, therefore, they have been directed to deposit Rs.5,00,000/- in the R & R Department of N.T.P.C.
4. Feeling aggrieved against the aforesaid notice-cum-order, these batch of writ petitions have been filed by the petitioners stating inter alia that the benefit extended pursuant to the rehabilitation grant is sought to be taken without authority of law and without giving an opportunity of hearing to the petitioners as notice (Annexure-P/1) is an order after applying its mind by the respondent-N.T.P.C. and no material has been supplied to them, as such, the order impugned deserves to be set-aside.
5. Return has been filed by the State stating inter alia that the petitioners are not affected persons in terms of Clause 11.2.3 of the Chhattisgarh R & R Policy, 2007, as such, benefit has illegally been extended to the petitioners, therefore, it has rightly been directed to be recovered from them. The N.T.P.C. has also filed its separate return stating inter alia that such a notice/order has been issued pursuant to the enquiry made by the Sub Divisional Officer (Revenue)-Cum-Land Acquisition Officer to ensure the recovery of rehabilitation grant and as such, it has rightly been directed to be recovered from the petitioners as they are not affected persons and are not entitled for the rehabilitation grant under the Chhattisgarh R & R Policy, 2007.
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