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ITEM NO, 24 COURT. No.1 SECTION XVIT SERRENE COURT USF “2p PA RECORD OF PROCEEDINGS Pati: }for Special weave to Appeal (civil) No(s).1978/2006 (From the judgement and order dated 19/06/2005 in wP No.6348/2003 of The HIGH COURT OF JHARKHAND AT RANCHI) RAIMAHAL, PAHAD BACHAO ANDOLAN & ORS. Petitioner(s) VERSUS U.0.0. & ORS. Respondent(s) (With appln(s) for exemption from filing 0:7.) prayer for ~interin relier Sha aerees enters er nn Date: 27/01/2006 This Petition was called sh for hearing teday. CORAM + HON'BLE THE CHIEE JUSTICE HON"BLE MR, JUSTICE C.K. THAKKER For Petitionert{s) Mr. 8. Muralidhar, Adv. Mr. Gaurav Agrawal, Adv, For Respondent (s) Mr. Mukul Rohtagi, Sr.adv. No.3! Mr. Milon Mukherjee, adv. Mr. Suchit Mohanty, Adv. Mr. Shibashish Misra, Ady. For Respondent No.4: Mr. Pradip Ghosh, Sr. Adv. Me. Rana Mukherjaa, Adv. Mc, Siddharth Gautam, Adv. Mr. Goodwill Ina ‘ar, Adv. atm No.44 COURT 0.1 SECTION XVIZ SUPREMB COURT oF IWDIA RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Civil) Ro(a).1318/2006"" (from the judgement and order dated 19/08/2005 in WP No. 6348/2003 of the ‘UGE COURT OF JHARKHAND AT RANCHI) ‘RAIWAEAL PASAD BACEAO ANDOLAN & ORS. Petitioner (s) venus B.0.2. & ORS. Respondent (9) (Wath appla(a) for exemption from filing 0.7., ¢/delay in supplementary affidavit and in filing affidavit and permission to place addi. 'docunenta on record and prayer for interim relief and office report )) ‘Date: 04/12/2006 This Petition was called on for hearing today. CORAM = BON’SLE THE CHIEF gus7IcE BON'BLE MR. JUSTICE C.K, THAXKER For Petitionerie) Misra, Sz .Adv. Kumar, Adv. Me. Gaurav Agrawal-Ady. For Respondent (2) sSharkband: Mr. Kumar Rajesh Singh, Adv. fan, Adv, Res.Wo. 3: Mr. Mukul Roktagi, Sr.adv. ‘Mr. Millon Hukberjee, Adv. Mc. Suchit Mohanty; ‘Adv. ‘Mr. Shibashish ‘Misra, Adv. Res.No.ds Mr. Rana Mukherjee, Adv. Mr. Siddharth dautan, Adv. Mr. Goodwill Indeevar, Adv. UPON hearing counsel the Court made the following ORDER We are informed that ac understanding bas been arrived at between the petitioners and respondent No.3 on 30th November, 2006. Laan counsel, states that in view of the said understanding, the apscial leave petition way be disposed of. Tt is ordezed accordingly. The said understanding be placed on record during the course of the day. Lo Pronehess Viigis ulin og JHARKHAND: 9 di Entered at Ranchi on this the 30" day of November 2006 between PANEM Coal, Mines: Lid, having its registered office a 6, Purvi Marg, Vasant Vihar, New Delhi ~ 110057, représented by. its. director Sri Bishwanath Dutta, s/o late Jasoda Dutta, aged 54 years, and, residing, at Tagore Road, Ushagram, ‘Asansol, P $ Asansol South, West Bengal, herein after referred to as the First Party, AND : Rajmahal Pahad Bachao Andolan represented by its President Bine} Hembrom, who is also the Parganaith of Alubeda Dak Bunglow, Village’ Pachuwara, Amarapara’ block, Pakur distriét, ind herein after referred to as the Second Party or Samithi; Faas OM? Hecotad 051973 UPON hearing counsel the Court made the following ORDER Exemption alliewed. Issue notice. Mr. Goodwill Indosvar and Mr. shibashish Misra, Teaftad edvecates, accept notice on behalf of Respondent Nos.3 and. a whe petitioners, State of vharkhand and Respondent No.3 are directed to file affidavits within three weeks stating! as to the compensation paid in respect of approximately’: 624 hectares of Raiyati lands which have been notified for acquisition. f [ T.1. Rajput 1 [ vB. Tyagi 1 jak A.R.=Ccum-P. 5. Court Master . wate WHEREAS the Goverment of Jharkhand had acquired 1151.70 hectarés of fand comprising of 674.2 hectares of agcioulture land and around 490 hectares of forest land situyted in Pachuwarn Central Block in Pakur district and given on lease to the First Party for captive mining; and whereas the concemed land falls within the ming villages — Singdehri, Taljhari, Kathaldin, Chilgo, Bisunpur, Dangapara, Amjhari, A ee Pachuwara - over which the Second Party customary right of self rule recognized under law, bein 8 ee bad be ped the legality and propriety of Estate of Jharkhand in in ‘the tribal Tene : nie veda WO C at Oe Hier aA captive ‘lining for supply of coal exclusively to thermal -Plants-in the state of Punjab by ahe No.1318/2006 for the relief of qu ning. the! entire acquisition; b : WHEREAS te dn casa en for the MoU between the First See a whé'are also parties to the SLP No. 131 wanna anding has: been ‘at in . ot sul “the Scoopd) Party agrees to withdraw the SLP pending before.the honourable Supreme Court of India; AND NOW THIS DEED. WITNESSETH AS FOLLOWS ; SOVENANTS nid acquisi ste the fiinited purpose of vation of coal, it is hereby recognized and teimited by the frst party thatthe tribal seoplePAP wete the absoluie owners of the tand and the first party's right over the land ic that which have been given by the State Government after acquisition under ihe L.A.Act. ‘The first party the possi of the land oe ee a =a the PAP for the project to the PAP themselves in cultivable condition after excavation of coal, The excavation of coal from the nine villages has to be done in one or more villagefarea after the others only. The sequence ‘of mining operstion in the project sea should be informed to the second party, The commencement of the activity/excavation of cach area or village should be intimated in writing well in advance to the second party, As soon as the excavation in one village is over, the first party undertakes to refill and re-level as much asea of land not tess than 50% and make jt in a cultivable condition, While re-filling and re-feveling, it is mandatory that the topsoil should be fiee from rocks and ciher substances, which may stand in the way of cultivation, The re-filling and re-levcling process of ‘one area. has to be carried on while the coal excavation of the next yillage/area is carried out. The first party shall not excavate: coal from: the fourth village / area unless the refilling and leveling of the first area is over, As and when the possession of the land to the extent of 50% is given back to the original cwners/PAPs the Village Head Man /Grama Sabha/Parganeith, as the cease, may be, having the customary right of self rule ex jized under law will settle such land in favour of . Tapa 2 eligible PAPs for cultivation. The first and second Party shall jointly take up the matter with the government for ratification of the settlement made as above under the customary right of self rule recognized under law. The first party covenants to make all endeavors to ensure that such land remains with the PAP themselves. The First Party agrees to extend the benefits born of the RéR package and this MoU to all PAFs found eligible as on 01/01/2006. As differences exist over the numberof PAFs eligible to receive the benefits under the R&R package and this MoU, a fresh survey shall be eacried out and a fresh list of the PAFs with the extent of property cach PAT is cnititied has to be prepared jointly by the First and the Second Party and conelwled on or before 31/03/2007 1 ascertain the actual number of the bonafide beneficiaries and the extent of their entitlement. Identity cards must be issued te the PAPs within three months from the date of finalisation of the list to elimiriate subsequent entry of unauthorized persons claiming the benefits of RAR. Package and this MoU ‘The first party covenants to provide an amount of Rs,6000/- (six thousand otily) per a&te oF on pro-rata basis subject to @ minimum of Rs.2000/- (two thousand) for land of less than one sere per annum (0 compensate the loss of agricultural income and an amaunt of Rs.10,000/-(ten thousand sith) pet ae ot on pre rata basis sabject to-a minimum of Rs.3000/- (Three thousand only) for land of fess than onc acre annually to the PAPs as part of benefits out of Uris project for the arca of actual excavation operation during the peried of operation im respective -village/area and will continue until the ssion of ‘the land to the extent of 50% is returned to the PAP. Subsequent to the same, the PAFs «will be entitled to receive the 50% of the annual amount for loss of agricultural income 8 cultivation subsidy for the next two years for enabling themselves to recoup their agricultural income. From the third year of return of possession of land, the: first party is freed from this Hiability. ‘consi the purpose, of allotment ‘homestead land and eee ba eet village Gram Sabha have the right to demand and the Crs party shall be duty-bound 10 sonstruct: additional houses, but in any case, act more than 5 (five) for _mecting # additional requirements. felt by. thie ‘Gram Sabha. The first party covenants: to provide a minimum of 240. sq.neters of homestead Tand and construct houses with aplanmore or less akin to the ary houses of the community and'as agreed between the ‘and second party. Separate latrine should be with every house. Cattle sheds are to he construct: if demanded by the PAF, : ‘The rehabilitation othe PAF irene as near as possible to the: homestend, ul am Sabha, of the: ee ane “shal sdegide the location of the new tices Jand. nllized for the. construction ofthe homestead belons to a tribal, adequate compensation a5 per ‘the market value ofthe tand should be paid to the fandowner, The homesteads are: to be built after leveling the land selested for the purpose, The first party should ensure that an extent of acmininhuen of two gore of land is rude available es common grazing field for every rohabifitated village: . The first party undertakes. ‘nop. to disturb, the Manjhisthan ond Jaherstham (worship: places) of the village while conducting the project activity. In the cvent of displuetment of the” Manjhisthan. and vTahersthan becomes inevitable, the same shall be done ‘only afer. establishing the above at or near the rehabilitated homesteads ‘with prior consultation, anc consent of the Parganetthy| Burial / cremation grounds shall be constructed bby the First Party. separately for Santhals and Pahadias wherever Heoessary within three months from the date of requisition made by the second party. ‘As the mining, activity is bis ig down the ground ‘water level ithe aren af operation, the frst party shal censute drinking water is available at every homesteads: ‘whether displaced or not, within the project area, for ee Nich tube wells or overhead-tanks and water Supply & Baa Py ae ecm gatem should be established om or before 31-12-2007 Pycanwhite, if drinking water shortage is felt by the ire ahe first party undertakes to supply the same Dy tankers snd covenants to provide all measurers to convert the present hon-cultivating land in ‘the surrounding area to eertivable land as far a8 possible. For that purpose, the Jand should be leveled and a litt irrigation system on Busloi river shall be get up on oF before ‘31-12-2007 and the ficlds will be irrigated by canals and jumps. ‘The first party shall provide 4 (four) tractors 10 the second party on or before 44403-2007 for the use of the agriculturatists in the project aetied mea on trial basis. The first party undertakes to provide more tractors subject to a maximum of, “L3tthirteen) for cultivation if it is found that the provided tractors are ‘operated and managed efficiently’ as assessed by both the parties. The tractors will be managed by Samithi The PAP, particularly women fotinied by the Second Party/Samithi and’ Gram ‘Sabhas, shall tbe tained and encouraged to take up better agricultural cultivation. Periodic training camps are to be arranged # financed by the first party t6 atliieve the above purpose. ‘The first party ‘shall’ establish two market places with provision for sanitation ‘and ‘cleanliness at the places sugee d by the seeond party A mini truck ‘be provided to the markets and it Party at feast once in 6 months in consultation ‘the Samithi ‘and Gram Sabha for the above to condi Sp, rng ropes al ith Ban iy CON Ted Job Opportunities, ‘The first party agrees to provide one dircet ‘employment to every PAP who lose three or more acres of land and one indirest employment to all these who lose two acres of land in the project, All the appointments jn the project. shall be notified and imtormed to the Fomdany wilds advance, The first party will ensure that ‘af the project affected ‘area will be given ferenoc. in all employments pertaining to activities of he project both manual: as well as managerial. Incidental or indireet employments allied to the project such a5 Schools, Hospitals etc, shal) be given to the PAP, In the, event that eligible candidates are not available from among the PAP, others can be appointed till the PAP meets eligibility norms. All contracts including subcontracts shall be given to the PAP or any association or legal emtity, where the PAP is having a share in it, if available, In the event of the First Party requiring to award any contract to outsiders, it shall be made a condition in the contract agreement that the PAPs will be preferred for ‘employment in the assigned work, The first party will ensure that the said condition is fulfilled in letter and spirit. The immediate incidental, ts / jobs guch as: drivers, mechanics, hal for vuleanizing, welding, carpentry, mnry. shall be given to the PAP. as far as possible, in te ‘event of unavailability of trained ‘hinds, otfiets can be engaged till tho PAP acquires eligibility, PAP should be given adequate training to take up such jobs and emplayments, The first party undertakes to establish 0 training Snes with recognized standards at the mine site and training for all possible jobs / omployments that are and will be in the project shall be given to the PAP. ‘The first party undertakes to appoint competent staff for training institute and ensure the proper conduct of the institution, Accommodation facilities for the staff should be provided and their regular presence at the institute should be ensured, ‘The stipend and others allowances should be given to the trainees of the institute as per the Rand RE package, The passed out | trainees should bbe absorbed in the employers er tor as possible keeping in view their ‘eligibility and status as PAP. The offered in tiew of employment shall be uniform for the entire extent cf the property. that iS, 1as.30,000/- (Fifty ‘thousand only) per sere. A member BrPAP who opts to tbandon assured emplayment and accents will be at liberty to apply for © job against vacancy ‘after 10 years from the date of ‘acceptance ‘of compensation and he shall be preferred for employment if na other persons from the project vrfected area arc Found eligible. Such @ person should ibe preferred over outsiders. SCHOOLS “Three primary schools and one High School affilisved ta the Central Board of Secondary Eduration (CBSE) fed. necessary infrastructure facilities shalt be shall ensure that competent teachers with prescribed ‘qualification and experience are appointed and their regular moe is: ensured. A board comprising rearecsttivs ‘of the first party and the Second Party shall take decisions relating to the management and administration of such institutions, One school bus shall be provided to transport aie RAP to and from the schools and number ‘bus will inerease depending on anced. Intelligent, inilustrious and meritorious students should be given ‘scholarship for higher studies, “The scholarship should be given to all students, who seore over 70% marks at the and highee seoondary levels: Every year the First Pury Should provide finuncial support to at lesst five coring not fess than 45 % marks, and intending to, pursue higher studies. Fa ayy The first party recognizes the fact that pollution of air, water and sound is increasing in the project area, ‘The first party undertakes to sprinkle water thrice every day on the roud in which coal is transported so as 10 avoid Coal dust from spreading to nearby paddy fields. ‘The first party undertakes to cover the trucks fully while transporting coal, The first party shall plant tree saplings and develop plants and trees on cither side of the road through: which coal is transported. Other measures suggested by the Gram Sabha and Samitht from time to time for checking pollution shall be carried out by the first party The first party shall establish a Haspital with 50 beds at the place suggested by the Samithi, Competent doctors for medicine, surgery and Gynecology shall be appointed, Specialist doctors may also be appointed to meet the health care needs of the PAP. Pediatric care should be ensured iricluding vaccination, Provision for pathological investigation. should be ensured. Medivines and treatments should be made available free of cost to the PAP. The First Party shall also make available accommodation ‘for the ‘staff’ serving the health centers. One ambulance rnc made svat in the Hospital, which shall be managed by the Hospital in the service of the PAP. The Hospital shall be established on or before 31-12-07. ‘The first party shall set up a mobile clinic with doctor, nurse and attendant with life saving medicines and other medicines usually required in the area The mobile medical univ/clinic shall make regular periodical visit to every project affected village for rendering medical assistance free of cast from 1” April 2007. Feaa ®! a Sy eer) ELECTRICITY he fist party: undertakes to clecirify the project arca including. the homes of the PAF on or before SW/I22007. The PAF and others in the project affected villages shall be cniitled to electric connection to their houses. The first party shall meet the expenses for electrification and power consumed by the displaced families. “The provisions in this Memorandum of Understanding (MoU), shall be treated as supplementary 16 the Cxhibited in the writ petition before the Hon. High ‘Court of Jharichand {WP (PIL) No. 6348/03). The first party concedes that the violation of the R&R package fnd. this MOU shall invite contempt of court proceedings. Notwithstanding anything, contnitied i» « the R&R package and this MoU, the PAP shall be al liberty to pursue remedies under the I.and Acquisition ‘Act for enhancement of the compensation for the land acquired by the Govt for the project. IMPLEMENTATION COMMITTEE ‘The implementation of the terms and conditions in the R&R package and the covenants it the MOU shall be monitored by an_Impleiniehtation Committee consisting of three representatives ‘each from the first party and the second party and two representatives Each from each village and 3 persons norninated by the Porganeith. In the event of ary dispute in the implementation of this Mol, the same shall be ‘resolved amicably, as far as possible, keeping in view the larger welfare interests of the people of the affected area, The first party and second party shell Rominate the president of the Implementation Committee from among the members alternatively, ‘The tenure of the president shall be two years, The tenure of the members af the tnpl jementation ‘Committee shall be three years and are eligible for re nomination. Fat 27 wettd ‘The First Party, Second party, Village Gram Subhas will be at liberty to withdraw any pf its nominee and Mibeiitute another in the event of a qecessity. The Trembers of the Implementation Committee shall be cntitied to enter into any place and inspect nay crtvities of the first party in the project area, It 1s mandatory that the mecting of the implementetion Committee shall be held once in three months. A member, who absents from the mandatory mecting ‘without any valid reason for three consecutive meetings, would lose the membership and the hominating, authority would make a replacement. A member is entitled for a sitting fee of Rs.200/- (Two hundred only) for each sitting of the eommitiec and the first party shuill ee same. ae ASEM =, Paawaye 7 HUT BISWANATH A BINEJ HEMBROM (First Party) (Second Party) Witnesses : |. Stephen Marandi LigwF (Depuly Chief Minister & Finance Ministery Govt, of Jharkhand, Ranchi 2. Biknsh Mulcharjee: Boren (Director, PANEM Coal Mines L(@-J, Kolkotha 3. Shajimon Joseph eh ¥ (Clef of Boreas} Hindustan Times, Ranchi

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