Yes you can claim
Employment under land acquisition
Coal india R&R policy says employment will be offered for every 2 acres of land acquired. In my entire family relatives, our land is adjacent to each other. They are total 4 brother and have 4 separate 7/12, but one 7/12 has more than 4 acres of land while the other three 7/12 have less than 4 acres of land, however the total land is 16+ acres. In this case can we claim for 8 employment offers considering all the owners agrees to who should be nominated for the employment. As the R&R policy says employment for 2 acre or of land, or total land acquired divided by 2 If that is not possible what are the other options?
Asked 17 days ago in Civil Law
12 Answers
I’m respect of one 7/12 which has more than 4 acres you would be entitled to 2 offers of employment
2) in respect of another 7/12 which has less than 4 acres you would be entitled to one job offer only
3) you cannot claim 8 offers of employment
Mr. Ajay Sethi With respect to your answer, i understand for 4+ acre we can claim 2 employment, and less than 4 acre only 1 employment. However there is provision of combined package deal concept, in which land owner can combine their land to make 2 acre and claim for 1 employment. In the case i am talking about, instead 2 land owner combining land to make 2 acre to claim 1 employment, 4 land owners combining land to make it 16 acres and claim 8 employment. Which is in proportion to the policy of 1 employment for every 2 acre of land acquired. Does it not work this way ? Even though it is satisfying the R&R policy rules.
Asked 17 days ago
You can make representation to coal India to that effect
it is necessary to peruse provisions of combined package deal concept to advice further
- Policy 8.1 B (3) categorically provides that, land losers having less than two acres of land can club together their land to the extend of two acres and nominate one of the land losers among the groups or their dependent for employment. A partner has implied authority enter into agreement with third parties.
- By clubbing 16 acres employment for eight nominees can be claimed. There should not be any doubt about that. RR Police is interpreted in favour of land losers.
If the clubbing of the land does not work for some reason. And let's say the total land is 3.85 acres, according to the policy, 1 employment is assured for 2 acres. However can we request/ask/claim for the second employment on remaining land of 1.85 acre, under the Right to Fair Compensation and Transparency in Land Acquisition act which state that, special provision should be given to SC/ST category people. If coal india does not give the second employment in the above situation, can we approach the court and make our case?
Asked 17 days ago
You cannot ask for second employment for 1.85 acres
you can approach court but chances of success are bleak
Statutory provisions override policy framed by statutory bodies. You can certainly approach High Court in writ jurisdiction invoking enactment of special provisions in favour SC/ST.
It is confirmed that under Coal India's Rehabilitation and Resettlement (R&R) policy, for every two acres of land acquired, one employment opportunity is offered to land losers or their dependents, subject to vacancies and suitability.The offer of employment is subject to the candidates meeting minimum eligibility criteria and may require a period of training.
The land losers who have clubbed their land in package deal can claim employment for only one loser of the clubbed two acres of land and remaining land losers of the package cannot claim employment or monetary compensation in lieu of the land contributed by them. A person receiving job forgoes the claim for compensation and a person receiving compensation foregoes all claims to employment the job.
In view of the above said policy for compensation of job in the land acquisition, a job or employment will be offered each to one of the person of each of the 7/12 title holder be it 2 acres or more.
Hence, if the law is understood properly then all the four land owners will get a job each or the monetary compensation as described in the act, whatever has been chosen by the land loser.
As per section 8.1.B of the R & R policy of CIL 2012, apart from payment of the land compensation, employment may be given in the following manner:
1. The maximum total number of employments that may be provided to the land losers will be limited to total number of land acquired divided by two. However employment will be provided in proportion to the land possessed. 2. For every two acres of land one employment can be considered.
The land losers who have clubbed their land in package deal can claim employment for only one loser of the clubbed two acres of land and remaining land losers of the package cannot claim employment or monetary compensation in lieu of the land contributed by them. A person receiving job forgoes the claim for compensation and a person receiving compensation foregoes all claims to employment the job.
Thus in view of the above, the total land put together is 16 acres, hence divided by two, 8 employment can be claimed.
The policy of the coal India limited towards employment offer is very clear that one employment is offered for two acres i.e., if it is more than 2 acres then the employment is considered to the total land acquired divided by two. In your situation if 3.85 acres is divided it is less than two acres each, hene eligible for one employment only,
If you feel that the policy is against the natural justice and you were not given the proper compensation, you may approach high court with a writ petition seeking direction accordingly agaisnt the authorities concerned
Yea you can file writ petition
- Employment under land acquisition refers to job opportunities provided to individuals whose land is acquired for a project.
- Further, The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 , outlines provisions for compensation and rehabilitation, including employment opportunities
- If your land already acquired then the coal India is bound to give employment in the absence of any compensation..
- You can file a Writ Petition before the High Court , in case no positive response to all owners of the land.
