Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | documentary evidence Land Acquisition Employment in lieu of the acquisition of lands |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | .Land Acquisition – Employment in lieu of the acquisition of lands – After acquisition of the lands, a tripartite agreement was arrived at, under which a person whose lands were acquired would be entitled to employment by a company if the acquired land-holding was at least 2 acres – Respondent claimed employment – The certificate issued by the Land Acquisition Collector, inter alia, specified that the land held by the respondent in his own name was comprised in two plots, admeasuring 0.095 acres and admeasuring 0.205 acres, totalling 0.300 acres in his name – However, Collector’s certificate contained a reference to the names 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 – The claim of respondent was rejected by the Personnel Manager – Respondent filed writ petition, which was allowed by the Single Judge of the High Court and affirmed by the Division Bench of the High Court – On appeal, held: 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 not amount to a conveyance of title – 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’ – An affidavit in favour of the respondent does not transfer rights in the property – In this view of the matter, both the learned Single Judge and the Division Bench were in error in directing the appellant to grant employment to the respondent – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2021 INSC 351 |
Petitioner | Eastern Coalfields Limited |
Respondent | Anadinath Banerjee (d) And Others |
SCR | [2021] 6 S.C.R. 509 |
Judgement Date | 2021-07-23 |
Case Number | 2887-2889 |
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