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. Violation of principles of natural justice in proceedings renders the orders unsustainable.

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 which was operative till 31.12.1984, a specific promise was held out representing and/or assuming, inter alia, that for each acre of land acquired, the land losers and/or their nominee would be entitled to one employment in a suitable post apart from and in addition to monetary compensation. A format of application was given by the respondent authorities to be submitted seeking employment under the scheme framed for the land losers and such application was also submitted to the respondent authorities. However, the respondent authorities chose to sit over the matter and did not take any steps to offer employment in a suitable post under the scheme framed.

3.1. After having framed the Policy and after having caused the owners of the said plot of land to give up possession thereof, it was no more left open to the respondents to afford the luxury of not performing their part of obligations indicated in the said Policy and the respondents were duty bound and required to employ the second petitioner in a suitable post, as assured. On one plea or the other, the respondents chose to avoid such responsibility cast upon them and have caused hardships to the land losers and the members of the family.

3.2. A good number of land losers or persons similarly placed like the petitioners have been favoured with employment, but for the undisclosed reasons, the petitioners were picked up and chosen to suffer. When petitioner no.1 visited the concerned authorities, he was informed that the operation of the Policy for compensating the land losers had been temporarily suspended. Being statutory authorities, the respondents were obliged fairly and not to treat anyone with discrimination.

3.3. From time to time, several committees were formed and none of such committees formed by the respondents ever could deny the entitlement of the petitioners to be offered an employment in a suitable post. Though several Circulars were issued in clear admission and acknowledgment of the entitlement of the land losers to employment in lieu of the acquisition of land, the respondents showed no inclination to follow such Circulars and, thus, committed a deliberate breach of assurances, on the basis whereof, the land losers had been caused to give up possession of their valuable land. The communication dated 3.9.1975 issued also constitutes a clear admission on the part of the respondents to provide employment. The existence of a uniform guideline for offering employment to the land losers and/or their nominee in connection with the acquisition of land for expansion of coal mining was admitted by a communication dated 17.3.1986 by the Director, Department of Coal, Ministry of Energy, Government of India.

3.4. On 04.7.2006, a meeting was conducted under the Chairmanship of Hon’ble Minister o