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VINAY JOSHI, M. S. JAWALKAR
Namdeo S/o Gangaram Dhawas – Appellant
Versus
Western Coal Fields Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P.D. Meghe.
For the Respondents: C.S. Samurda, A.M. Ghare.

JUDGMENT :

VINAY JOSHI, J.

1. Petitioners are invoking writ jurisdiction of this Court under Article 226 of the Constitution of India for grant of employment to grand-daughter (petitioner No. 2) in terms of Rehabilitation and Resettlement (‘R&R’) Policy on account of acquisition a land for Western Coal Fields Ltd. (“WCL’).

2. It can be briefly stated that the Petitioner No. 1 was the owner of land measuring 1.62 HR bearing survey Nos. 61/4 and 47 situated at Mouza Naglon, Tah. Bhadrawti, District Chandrapur. By virtue of Notification issued by the Government of India under the provisions of Coal Bearing Areas (Acquisition and Development) Act, 1957 (‘the Act of 1957’) the aforesaid land was acquired for WCL project. Preliminary Notification under Section 4(i) of the Act of 1957 was issued on 19.04.2009 whilst Section 9(i) Notification dated 18.10.2011 was published on 22.10.2011, in effect vesting all rights, title and interest of the land in the Central Government.

3. At the time of publication of Notification under Section 9(i) of the Act of 1957, petitioner No. 1 was exclusive owner of said land. In terms of R&R Policy, the petitioner No. 1 (land owner) has nominated his grand-daugh

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