Asim Kumar Ray, J.

1. This appeal is directed against judgment and order dated 21st October, 2009 passed in W.P. No. 17823(W) of 2005 by the Hon’ble First Court.

2. The brief background of the matter is that respondent /petitioner Sk. Nasiruddin’s father Sk. Rabbani since deceased and his aunt Golabjan Bibi were the joint owners of a land measuring 1.15 acres appertaining to Plot No. 3188 , Khatian No. 302 , J.L. No. 43 of mouza Majiwara, District-Burdwan. Appellant /respondent No. 4 Eastern Coalfields Limited (hereinafter to be referred to as Company) started extracting coal from the said land from 9.8.1972 and as a result the land became unfit for cultivation. Whilst the land was in possession of the company on or about October 21, 1986 a deed of conveyance was executed by Rabbani and Golabjan Bibi and thereby the said land was transferred absolutely in favour of the appellant. Thus the two persons lost their land for cause of the appellant. A scheme was prepared for providing employment to the landlosers. There was provisions in the scheme that one employment was to be given to a land loser or his nominee if minimum of one acre land owned by him was purchased or acquired