SC Dismisses Pleas Of Secretary-Cum-Administrative Nodal Officer Seeking Extension Of Time To Finalise Report Of Ratansara Village
The Supreme Court has dismissed the Miscellaneous Applications of the Secretary-cum-Administrative Nodal Officer, Claims Commission, Bhubaneswar, who sought extension of time to finalise the report of village Ratansara.
The Court was dealing with a batch of Miscellaneous Applications seeking a few directions.
The two-Judge Bench of Justice Bela M. Trivedi and Justice Satish Chandra Sharma said, “The Court after analyzing each and every point meticulously gave clear and precise directions in Paragraphs 68 and 69 quoted above and also directed that any fresh dispute on account of calculation of compensation, disbursement of benefits etc. would be adjudicated by the High Court, and this Court will not entertain Miscellaneous Application in individual cases in this regard. Despite such clear conclusions and directions, the present Miscellaneous Applications have been filed seeking directions.”
In this case, the Mahanadi Coalfields Limited (MCL) i.e., the Appellant had acquired 14 villages, including Ratansara, Tumulia, Jhupurunga, and Kiripsira, for coal mining. The Claims Commission was set up to determine compensation for the affected landowners. The Claims Commission submitted a report on Village Ratansara, but the MCL objected to the methodology used for calculating compensation.
The issue was transferred to the Orissa High Court, where it was pending. The Secretary-cum-Administrative Nodal Officer of the Claims Commission requested an extension of time to finalize the report on Village Ratansara. The Manikeswari Bisthapita Committee asked the Commission to prepare a list determining R&R benefits for the four remaining villages.
The Supreme Court in the above context of the case, noted, “It is pertinent to note that this Court in the judgment and order dated 03.11.2022 had clearly held that the villages in respect of which this Court has already approved the reports of the Commission determining the entitlements in respect of the 10 villages, the issues had stood finalized, and there could be no re-determination on the basis of the said judgment.”
The Court further noted that it was directed to the Commission that it cannot reopen determinations based on change of policies of the State, given that benefits adjudicated by it based on factual determination has been crystalized and consequently, all the cases that have been adjudicated and approved by the Court cannot be reopened.
“However, the Commission appears to have entertained the cases filed by the land oustees of 10 villages, whose reports have already been finalized and approved by this Court”, it added.
The Court remarked that the Commission appears to have travelled beyond the directions given by the Court by entertaining the issues raised by the villagers and land oustees of four villages namely Tumulia, Kiripsira, Jhupuranga, and Ratansara with regard to R&R benefits.
“With regard to these four villages, it may be noted that this Court in Paragraph 34 of the judgment dated 03.11.2022 had specifically held that “since the extent of land involved, identification of law owners, and the basic market value along with solatium and interest payments, have been determined, the only additional exercise which the Commission has to carry out is the differential payable after the re-determination in respect of all the elements i.e. the market value, solatium, and further interest”, it also observed.
The Court was of the opinion that the Commission should not have entertained any of the issues, when all of these have been alluded and dealt with thoroughly by the Court in 2022 Judgment.
“… the High Court shall decide the Writ Petition (C) being No. 39185/2023, as expeditiously as possible and preferably within three months from the date of receipt of this order. The MCL shall make payment towards the compensation immediately after the final judgment and order is passed by the High Court in this regard”, it directed.
Accordingly, the Apex Court dismissed the Miscellaneous Applications.
Cause Title- Mahanadi Coal Fields Ltd. & Anr. v. Mathias Oram & Ors. (Neutral Citation: 2025 INSC 22)
