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2019 Supreme(SC) 405

D.Y.CHANDRACHUD, HEMANT GUPTA
UNION OF INDIA – Appellant
Versus
SHANKAR PRASAD DEEP ETC. ETC – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. A.N.S. Nadkarni, Ms. V. Mohana, Mr. Salvador Santosh Rebello, Mr. Akshay Amritanshu, Ms. Ankita Sharma, Mr. R.B. Yadav, Mrs. Anil Katiyar, adv
For the Respondent: Mr. Devansh A. Mohta, Mr. Nilakanta Nayak, Mr. Amit Yadav, Mr. Kaushal Navoyan Mishra, Mr. A.P. Mayee, Mr. R.P. Bhatt, Mr. Tejaswi Kumar Pradhan, Mr. Kumar Gaurav, Mr. Robin Khokhar, Mr. B.N. Dubey, Mr. P. Dayal, Ms. Ritu Renitval, Mr. Rameshwar Prasad Goyal, Mr. Aniruddha P. Mayee, Mr. Sibo Sankar Mishra, Ms. Nidhi, Mr. Garvesh Kabra, Ms. Poga Kabra, Ms. Maithili Shubhangi, Mr. Shibashish Misra, Mr. Chandan Kumar Mandal, Mr. Somanatha Padhan, Mr. Ashok Anand, for Ms. Anagha S. Desai, Adv.

Judgement Key Points

Question 1?

Question 2?

Question 3?

JUDGMENT :

DHANANJAYA Y. CHANDRACHUD, J

1. Leave granted.

2. The issue in the present appeals pertains to the rehabilitation of land oustees, whose lands were acquired between 1984-85 and 1992-93 for the Sambalpur-Talcher Rail Link Project.

3. The Union Government in the Ministry of Railways formulated certain policies on which the claim in the present appeals rests.

4. On 24 November 1987, the Railway Board formulated a policy in the context of its earlier decisions, and laid down guidelines for offering employment to persons displaced by the acquisition of land for railway projects. The letter dated 24 November 1987 stipulated that:

“(2) The Zonal Railway and Production Units and also project authorities may consider applications received from persons displaced on account of large-scale acquisition of land for projects on the Railways for employment of the displaced person, or his son/daughter or wife for employment in Group ‘C’ or Group IV posts in their organization including engagement of casual labour and give them preferential treatment for such employment, subject to the foll

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2019 Supreme(SC) 405

D.Y.CHANDRACHUD, HEMANT GUPTAUNION OF INDIA – AppellantVersusSHANKAR PRASAD DEEP ETC. ETC – Respondent

Question 1?

Question 2?

Question 3?

D.Y.CHANDRACHUD, HEMANT GUPTA
UNION OF INDIA – Appellant
Versus
SHANKAR PRASAD DEEP ETC. ETC – Respondent