Land Acquisition Act | Benefits Under Rehabilitation Scheme Can Be Provided Only If Name Is In Panchayat Register During Acquisition: HP HC

The Himachal Pradesh High Court has dismissed a writ petition, holding that benefits of Rehabilitation and Resettlement Scheme under the Land Acquisition Act cannot be granted when there is no entry in the Panchayat's Parivar register during the time of land acquisition.Justice Ajay Mohan Goel noted that: “One fact which is evident… is that as on the date when the land of the petitioner was acquired in the year 2000, his name was not registered in the Panchayat Parivar Register of the village concerned, which is a pre-condition for the purpose of getting the benefit of the Scheme in terms of Clause 2.2.3 of the same.”The petitioner approached the High Court seeking issuance of an oustee certificate so that he could avail benefits under the Rehabilitation and Resettlement Scheme. He submitted that the authorities rejected his representation in 2016, which is why he approached the Court. In response, the National Thermal Power Corporation Limited contended that the petitioner was resident of a different village and he purchased two biswas of land deliberately in the village where the project was to take place. Also, the petitioner raised his claim after a long delay of 16 years and he was neither homeless nor landless. Along with it, there was no entry in the Panchayat Parivar Register relating to the petitioner on the date when the notification was issued under Section 4 of the Land Acquisition Act, 1884.After examining the Rehabilitation and Resettlement Scheme, the Court noted that the benefit was to be given to families who were permanently residing in the project area and later became houseless and landless when the land was acquired. The Court also observed that the name of the petitioner and his family was not in the Parivar register. The Court reiterated that 'Family' means husband/wife, their children and those brothers and sisters who are living jointly with him/her as per entries of Panchayat Parivar Register on the date of Notification under Section-4 of the Land Acquisition Act, 1894. Thus, the Court dismissed the writ petition. Case Name: Nathu v/s National Thermal Power Corporation (NTPC) & othersCase No.: CWP No. 1482 of 2019Date of Decision: 27.08.2025For the Petitioner: Mr. Ashok Kumar Verma, Advocate. For the Respondents: Mr. Jagdish Thakur, Advocate for respondent No.1Mr. Rajpal Thakur, Additional Advocate General for respondents No.2 and 3.Click Here To Read/Download Order

Land Acquisition Act | Benefits Under Rehabilitation Scheme Can Be Provided Only If Name Is In Panchayat Register During Acquisition: HP HC

Mehak Aggarwal

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