Rail Vikas Nigam Ltd. ……………… v. Sadanand Uniyal and others

With First Appeal No. 23 of 2022 Rail Vikas Nigam Ltd. ………………… Appellant. Versus Sundarmani Bahuguna. and others. ……………Respondents. With 2 First Appeal No. 24 of 2022 Rail Vikas Nigam Ltd. ………………… Appellant. Versus Ramjay Aswal and Another. ……………Respondents. With First Appeal No. 25 of 2022 Rail Vikas Nigam Ltd. ………………… Appellant. Versus Sharda Devi and Others. ……………Respondents. With First Appeal No. 28 of 2022 Rail Vikas Nigam Ltd. ………………… Appellant. Versus Madan Mohan Tiwari and others. ……………Respondents. With First Appeal No. 29 of 2022 Rail Vikas Nigam Ltd. ………………… Appellant. Versus Om Prakash. ……………Respondents. With First Appeal No. 33 of 2022 Rail Vikas Nigam Ltd. ………………… Appellant. Versus Sate Singh Negi and others. ……………Respondents. With First Appeal No. 34 of 2022 Rail Vikas Nigam Ltd. ………………… Appellant. Versus Kamla Devi and others. ……………Respondents. With First Appeal No. 37 of 2022 Rail Vikas Nigam Ltd. ………………… Appellant. Versus Karn Singh and others. ……………Respondents. With First Appeal No. 38 of 2022 Rail Vikas Nigam Ltd. ………………… Appellant. Versus Om Prakash Tiwari. ……………Respondents. 3 With First Appeal No. 39 of 2022 Rail Vikas Nigam Ltd. ………………… Appellant. Versus Matbar Singh and others. ……………Respondents. Present: 1. 2. 3. 4. Mr. V.K. Kaparuwan, learned counsel for the appellant. Mr. I.P. Kohli, learned Standing Counsel for the State. Mr. Siddhartha Sah, learned counsel for the private respondents. Mr. Lalit Sharma, learned Deputy Solicitor General for India/Indian Railway. Hon’ble Mr. Justice Rakesh Thapliyal, J.

1. All these bunch of First Appeals as well as other appeals wherein the issue of employment in lieu of additional amount of compensation are involved were admitted on 16.09.2025 for considering the limited issue for implementation of Entry 4 of Schedule 2 of Act No. 30 of 2013 and following points for determination were being formulated: i. Whether the options provided in terms of Entry 4 of Schedule 2 of Act No. 30 of 2013 is prerogative of the claimant to choose one of them? ii. Whether appropriate Government implementation of the options in terms of Entry 4 of Schedule 2 of Act No. 30 of 2013 is the Central Government or the RVNL and at what stage the job should be offered to the affected families? Subsequently, on 10.11.2025 it was apprised that only in four cases affected families opted for employment which are subject matter of First Appeal Nos. 18 of 2022, 31 of 2022, 32 of 2022 and 229 of 2022.

2. All these first appeals having same question of law and fact has been preferred by Rail Vikas Nigam Ltd. in short RVNL (a Govt. of India Enterprises) under section 74 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 against the order of reference court, whereby, the reference court directed to the appellant the RVNL to offer an employment in lieu of the 4 additional amount of compensation of Rs. 5 lakhs. On the previous date the State was directed to classify the cases in which the claimants have received an additional amount of compensation i.e. Rs. 5 lakhs and to segregate those cases in which the claimants are seeking employment in lieu of the additional compensation.

3. Mr. I.P. Kohli, who represents the State, examined and classified all the case and submits that except in four appeals in all these present first appeals the claimants already accepted the additional amount of compensation of Rs. 5 lakhs. Consequently, those four cases i.e. FA No. 18 of 2022, FA No. 31 of 2022, FA No. 22 of 2022 and FA No. 229 of 2022 were delinked from these bunch of appeals.

4. Mr. V.K. Kaparuwan, learned counsel for the appellant, as well as Mr. Lalit Sharma, learned Deputy S.G. apprise to this court that in all these first appeals the claimants received the additional amount of compensation.

5. As per the order sheet the services are affected upon the respondents/claimants, despite this no one put appearance on their behalf. The supplementary affidavit has been filed in one of the First Appeals No. 18 of 2022 enclosing the list of claimants and the details of receipt of the additional amount of compensation. Mr. I.P. Kohli also admits this fact that after order of reference court the respondents/claimants received the additional amount of compensation in lieu of employment.

6. Now, since in all these bunch of First Appeals the claimants/aggrieved families accepted the additional amount of compensation in lieu of employment, therefore, to examine these bunch of appeals the following point of determination is being formulated, which is as follows: 5 Once claimants/affected families accepted additional amount of compensation in lieu of employment then whether the dependant of affected families entitle to get an employment in terms of Entry 4 Schedule 2 read with Section 31 of Act No. 30 of 2013?

7. Entry 4 of Schedule 2 provides that the appropriate Government shall ensure that the affected families are provided with the options i.e. Option (a), (b) and (c). In terms of Section 3(e)(v) in relation to the acquisition of land the Central Government is the appropriate Government. Section 31 under Chapter V of Act No. 30 of 2013 makes a provisions for Rehabilitation and Resettlement award for the affected families by the Collector. Sub-section (2) of Section 31 of Act No. 30 of 2013 provides that the Rehabilitation and Resettlement award shall include the details of mandatory employment to be provided to the members of the affected families.

8. Section 31 of Act No. 30 of 2013, which deals with rehabilitation and resettlement award for affected families is being reproduced herein as under:

31. Rehabilitation and Resettlement Award for affected families by Collector. (1)The Collector shall pass Rehabilitation and Resettlement Awards for each affected family in terms of the entitlements provided in the Second Schedule. (2)The Rehabilitation and Resettlement Award shall include all of the following, namely:- (a)rehabilitation and resettlement amount payable to the family; (b)bank account number of the person to which the rehabilitation and resettlement award amount is to be transferred; (c)particulars of house site and house to be allotted, in case of displaced families; (d)particulars of land allotted to the displaced families; (e)particulars of one transportation allowance in case of displaced families; time subsistence allowance and 6 (f)particulars of payment for cattle shed and petty shops; (g)particulars of one-time amount to artisans and small traders; (h)details of mandatory employment to be provided to the members of the affected families; (i)particulars of any fishing rights that may be involved; (j)particulars of annuity and other entitlements to be provided; (k)particulars of special provisions for the Scheduled Castes and the Scheduled Tribes to be provided: Provided that in case any of the matters specified under clauses (a) to (k) are not applicable to any affected family the same shall be indicated as "not applicable": Provided further that the appropriate Government may, by rehabilitation and notification resettlement amount payable to the affected families, taking into account the rise in the price index. rate of increase Sub-section (2) (h) of Section 31 clearly provides that the award shall include the details of mandatory employment to be provided to the members of the affected families. Entry 4 of Schedule 2 of Act No. 30 of 2013 deals with the elements of rehabilitation and resettlement entitlements for all the affected families both land owners and the families whose livelihood is primarily dependent on land acquired. Entry 4 of the schedule relates to choice on annuity or employment, which is being reproduce herein as under: providing

4. Choice of Annuity or Employment The appropriate Government shall ensure that the affected families are provided with the following options: (a) where jobs are created through the project, suitable training and skill development in the required field, make provision for employment at a rate not lower than the minimum wages provided for in any other law for the time being in force, to at least one member per affected family in the project or arrange for a job in such other project as may be required; or (b) one time payment of five lakhs rupees per affected family; or (c) annuity policies that shall pay not less than two thousand rupees per month per family for twenty years, with appropriate indexation to the Consumer Price Index for Agricultural Labourers.

9. Entry 4 of Schedule 2 of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation 7 Resettlement Act, 2013 clearly provides that the Appropriate Government shall provide three options i.e. option (a), option (b) and option (c), meaning thereby, affected families/claimants or dependants of affected can opt to choose only one of the option.

10. Admittedly, the affected families accepted the additional amount of compensation of Rs. 5 lakhs in lieu of employment and though there is no representation on behalf of the claimants but as pointed out by Mr. V.K. Kaparuwan, learned counsel for RVNL and Mr. I.P. Kohli, learned Standing Counsel that the claimants already accepted the additional amount of compensation of Rs. 5 lakhs and as such this court now proceeding against them exparte.

11. Now, the question is once the respondent/claimants accepted the additional amount of compensation then whether they can ask for employment. Admittedly, in all these bunch of first appeals the appellants are pressing only the issue of employment which in terms of Entry 4 is one of the option in lieu of the additional amount of compensation, therefore, since in the present case the claimants already accepted the additional amount of compensation, therefore, no question has arisen to grant employment.

12. In such view of the matter, since the respondents/claimants themselves accepted the additional amount of compensation of Rs. 5 lakhs in lieu of employment, though after order of reference court as pointed out by Mr. V.K. Kaparuwan the order passed by the reference court to this extent is set aside.

13. In such view of the matter, all these first appeals are allowed in part and the reference order is set aside only to the extent whereby directions issued respondents/claimants to offer the appointment in lieu of 8 additional amount of compensation since in this particular case after the order of reference court the claimants already accepted the additional amount of compensation of Rs. 5 lakhs.

14. No order as to cost. (Rakesh Thapliyal, J.)

15.12.2025 PR