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Showing contexts for: dfccil in Km Bhavna And Another vs Union Of India And 2 Others on 15 October, 2025Matching Fragments
Provided that in every project those persons losing land and belonging to the Scheduled Castes or the Scheduled Tribes will be provided land equivalent to land acquired or two and a one-half acres, whichever is lowe (item 2, Sch.2, RFCT-LARR, 2013).
This provision is not applicable to DFCCIL, rail corridor projects which are linear in nature.3
Offer for Developed Land In case the land is acquired for urbanisation purposes, twenty per cent. of the developed land will be reserved and offered to land owning project affected families, in proportion to the area of their land acquired and at a price equal to the cost of acquisition and the cost of development: Provided that in case the land owning project affected family wishes to avail of this offer, an equivalent amount will be deducted from the land acquisition compensation package payable to it.
This provision is not applicable to the DFCCIL rail corridor projects. However, this provision may apply in case if projects involving land development are undertaken by DFCCIL in future.4
Choice of Annuity or Employment Affected families defined u/s 3 (c) of RFCT-LARR, 2013 DFCCIL shall provide Affected families with:
(a) Employment opportunity where jobs are created through the project, after providing them suitable training and skill development in the required field, 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
This provision is not applicable in case of DFCCIL projects.
10One-time Resettlement Allowance Each affected family One time resettlement allowance of Rs.50,000/-
a. The affected families eligible for this assistant may be from title holder or non-title holder categories as defined u/s 3 (c) of RFCT-LARR, 2013.
b. This will be extended to also to the physically challenged persons and women headed households.
11Stamp duty and registration fee Each affected family Reimbursement of stamp duty and fees for purchase and registration of alternative property Purchase of alternative property including land, residence, or shop to replace the lost land and assets in the name of self, or/and in the name of the spouse within one year from receipt of compensation.
33. It is also admitted case that the petitioners had received the compensation under the First Schedule. The counsel for the DFCCIL had filed detailed counter affidavit in which the nature of project being linear has been emphasized. The petitioners have chosen not to file any rejoinder affidavit to the counter affidavit filed by the DFCCIL, as recorded in the order dated 14.07.2025 and thus, the averments of the DFCCIL regarding the linear project, the entire holding of the petitioners not being acquired and the petitioners not being affected as a unit, has remained un-rebutted. Thus, the requirement qua their livelihood being primarily dependent upon the land acquired as per Section 31 (1) of the RFCT-LARR Act, 2013 remained unfulfilled by the petitioners. The Court cannot rule anything in favour of the petitioners without there being any pleadings and averments on the record.