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M. V. MURALIDARAN
Uday Goswami – Appellant
Versus
Eastern Coalfields Ltd. – Respondent
JUDGMENT :
M.V. Muralidaran, J.
Heard Mr.Siddhartha Banerjee, learned counsel for the petitioner. None appears for the respondents.
2. This writ petition is filed by the petitioners to quash the impugned order dated 12.1.2018 passed by the third respondent and to direct the respondents to forthwith appoint petitioner no.2 in a suitable permanent post in lieu of the acquisition of the plot of land.
3. Brief facts are as follows:-
The father of the petitioners and one Santosh Gowsami and Pradyut Gowsami were owners of the land measuring an extent of 1.08 acres comprised in Plot Nos. 908, 909, 927, 987/1331, 987/1332, 987/1333 situated at Mouzas - Bonogram and Gogla, Burdwan District. They are the joint owners of the said plot of land. In or about 1974-1975, the said plot of land was acquired for the purpose of expansion of coal-mining activities upon dispossessing the lawful owners therefrom. At the time of acquisition, the Resettlement and Rehabilitation Policy framed by the respondents was in vogue that one employment of land losers or their nominee or nominees per acre of land in addition to the market value of the land or compensation, as the case may be. Under the said Policy
The entitlement to employment in land acquisition cases is based on the use of land, not formal acquisition, and must be fulfilled in accordance with the Resettlement and Rehabilitation Policy. Viola....
The court established that employment entitlements under land acquisition policies must be honored as per the terms in effect at the time of acquisition, ensuring adherence to principles of natural j....
Claims for employment related to land acquisition must comply with statutory provisions, and significant delays can bar such claims.
Railway land losers policy withdrawal held prospective; pre-existing applications recommended before withdrawal entitled to consideration under earlier scheme, not retrospectively denied.
Railway rehabilitation policy strictly limits employment to son/daughter/spouse of land losers, not grandchildren; delayed claims barred by laches.
Withdrawal of scheme for employment of land losers bars their claim for employment.
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