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IN THE HIGH COURT AT CALCUTTA
ANANYA BANDYOPADHYAY
Anup Mula – Appellant
Versus
West Bengal Power Development Corporation Limited – Respondent
JUDGMENT :
ANANYA BANDYOPADHYAY, J.
1. The petitioners have approached this Hon’ble Court invoking its extraordinary constitutional writ jurisdiction under Article 226 of the Constitution of India, seeking a writ in the nature of mandamus commanding the respondent authorities to engage the petitioner no. 1 under the Land-Loser category, and to extend suitable employment to the nominee of petitioner no. 3, whose land was acquired for the establishment of the Kolaghat Thermal Power Project of the West Bengal State Electricity Board (now under the WBPDCL).
2. It is the admitted position that during 1973-74, the ancestral land belonging to Smt. Lata Rani Manna (petitioner no. 3), being C.S. Plot Nos. 600 and 602 of Mouza Rakshachak, J.L. No. 293, P.S. Panskura, was acquired in connection with the said thermal power project vide L.A. Case No. 141 of 1973-74. Possession of the said land was duly taken on 30th July, 1974, and compensation was disbursed on 27th January, 1980. Thereafter, the competent Land Acquisition Officer, Midnapore, by certificate dated 20th March, 1986, formally declared her as a “Land Loser” entitled to the benefits conferred upon such category of affected persons.
3. T
Claims for employment related to land acquisition must comply with statutory provisions, and significant delays can bar such claims.
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....
Withdrawal of scheme for employment of land losers bars their claim for employment.
Delay and laches can bar a petitioner from seeking redress, and the court may refuse to exercise its discretionary jurisdiction to protect those who have slept over wrongs and allowed illegalities to....
The main legal point established in the judgment is that the appointment of land losers cannot be claimed as a matter of right and any government order providing employment to one member of a family ....
Employment assistance claims under rehabilitation schemes must be timely and supported by evidence of eligibility, particularly regarding the dependency on acquired land.
Associations cannot maintain writ petitions for employment on behalf of members; individual eligibility must be assessed per the welfare scheme.
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