Hon'ble Irshad Ali,J.
Heard Sri Manish Mani Sharma, learned counsel for the petitioners, Sri Anand Singh, learned Standing Counsel for respondent nos. 1 and 2 and Sri Manish Kumar, learned Senior Advocate, assisted by Sri Atul Kumar Dwivedi, learned counsel for the respondent no.3.
Learned counsel for the petitioners has submitted that as per Rehabilitation and Resettlement policy of National Thermal Power Corporation (NTPC), each petitioner is entitled for Rehabilitation and Resettlement allowance of Rs.4,20,000/- as has been given to other family members of the petitioners against the acquired land, bearing Gata Nos. 237 area 0.035 hectare, 239 area 0.068 hectare, 240 area 0.055 hectare and 242 area 0.097 hectare, situated at village Salahpur Rajour, Tehsil Tanda, District Ambedkar Nagar according to the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as well as Rehabilitation and Resettlement policy of NTPC.
Learned counsel for the petitioners has drawn our attention upon the order dated 25.4.2019 passed by Special Land Acquisition (Ayodhya), Faizabad/Ambedkar Nagar and has submitted that though the matter is pending before respondent no.3-National Thermal Power Corporation, Vidhyut Nagar Tanda Ambedkar Nagar but certain observations regarding entitlement of the petitioners for rehabilitation and resettlement allowance have been made by the Special Land Acquisition vide order dated 25.4.2019. His submission is that until and unless the matter is being decided by the respondent no.3, the Special Land Acquisition Officer erred in making observations in the order dated 25.4.2019 with regard to entitlement of the petitioners for rehabilitation and resettlement allowance, therefore, the observations made by the Special Land Acquisition Officer in this regard in the order dated 25.4.2019 is liable to be quashed.
On due consideration, we are of the view that interest of justice would suffice, if the observations made by the Special Land Acquisition Officer with regard to entitlement of the petitioners for Rehabilitation and Resettlement allowance vide order dated 25.4.2019 is remitted to the respondent no.3 for deciding the case of the petitioners regarding grant of Rehabilitation and Resettlement allowance in terms of tripartite agreement, therefore, we, instead of deciding the matter on merits, direct the petitioners to approach the respondent no.3, who consider the tripartite agreement and other documents as per Rehabilitation and Resettlement policy and decide the representation of the petitioners, in accordance with law, expeditiously, say, within two months from the date of receipt of a certified copy of this order.
It is made clear that the order/communication dated 25.4.2019 (Supra) will not come on the way of the petitioners and the respondent no.3 shall decide the representation of the petitioners on merit by applying its independent mind.
With the aforesaid observations and directions, the writ petition stands disposed of.
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(Irshad Ali, J.) (Pankaj Kumar Jaiswal, J.) Order Date :- 26.9.2019 Ajit/-