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RAJANI DUBEY
Chandra Pratap Rajwade, S/o Amol Say – Appellant
Versus
State Of Chhattisgarh Through Secretary, Rehabilitation Department – Respondent
ORDER :
1. The petitioner has filed this petition under Article 226 of the Constitution of India against order dated 13.01.2012 (Anneuxre P/1) issued by Respondent No.5, whereby the claim of the petitioner for grant of appointment on the basis of acquisition of his house and land, has been rejected by the S.E.C.L. authorities holding that there is no mention of house in the sale deed executed in favour of the petitioner.
2. Brief facts of the case, as projected by the petitioner, are that the petitioner is land oustee of village Katgodi, District Korea, whose land has been acquired by S.E.C.L. under Section 9 of the Coal Bearing Areas (Acquisition & Development) Act, 1957. The S.E.C.L. has constructed buildings and shaft of Charcha East Colliery on the land of the petitioner and other land oustees. The name of the petitioner finds place at Sl. No. 29 of the acquisition chart (Annexure P/2) prepared for acquisition of land. The petitioner’s land bearing Kh. No.1449/5, area 0.25 hectares, situated at village Katgodi has been acquired vide order dated 02.06.1995 passed by the land Acquisition Officer-cum-Collector, Korea. In the aforesaid land, house of the petitioner was also there alo
The denial of employment under the Rehabilitation Policy after land acquisition is unjustified when the title is acknowledged and compensation paid, invoking the doctrine of Promissory Estoppel.
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....
The main legal point established in the judgment is the obligation of the appellant-corporation to provide suitable employment to the oustees in accordance with the Resettlement and Rehabilitation Sc....
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