Allahabad High Court Dismisses Minors' Claim for Independent Rehabilitation Entitlement Post Mother's Remarriage

Dependency on Stepfather Invalidates Minors' Claim as Separate "Affected Family" Under RFCT-LARR Act, 2013

In a significant ruling, the Allahabad High Court dismissed the writ petition filed by Km. Bhavna and another, seeking independent rehabilitation and resettlement entitlements under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCT-LARR Act). The case revolved around the petitioners' claim to be recognized as a separate "affected family" for the purposes of receiving compensation after their mother remarried, making them dependents of their stepfather.

The court, presided over by Justices Mahesh Chandra Tripathi and Anish Kumar Gupta, ruled that the petitioners, being minors at the time of land acquisition notification, were part of their stepfather’s family unit. The judgment emphasized that the RFCT-LARR Act's definition of "family" includes a person's spouse and minor children, thus extending to minors dependent on a stepfather after the mother's remarriage.

The petitioners' land was acquired for the Dedicated Freight Corridor (DFC) project, and they sought entitlements under the Second Schedule of the Act, which deals with rehabilitation and resettlement awards. However, the court found no evidence that the minors' livelihoods were primarily dependent on the acquired land, a prerequisite for such entitlements.

The court further noted that adequate compensation had already been provided to the stepfather's family, satisfying the requirements of the First Schedule of the RFCT-LARR Act. The judgment highlighted the importance of understanding familial definitions within the Act, and the dependency of minors on a stepfather does not warrant separate consideration unless they prove independent dependency or attain majority.

This ruling underscores the court's interpretation of familial dependency under the Act and sets a precedent on the treatment of minors in similar land acquisition cases.

Bottom Line:

Rehabilitation and Resettlement under the RFCT-LARR Act, 2013 - Dependency of minors on the stepfather after the remarriage of the mother excludes minors from being considered as an independent "affected family" under Section 3(m) of the Act.

Statutory provision(s): Sections 3(c), 3(m), 31, 38, 105 of the RFCT-LARR Act, 2013; Railways Act, 1989 Sections 20-A, 20-E, 20-F

Km. Bhavna v. Union of India, (Allahabad)(DB) : Law Finder Doc Id # 2795288