IMPORTANT POINT
The court affirmed that a land loser is entitled to employment under the Rehabilitation and Resettlement Policy, regardless of pending title disputes.

JUDGMENT :

Sujit Narayan Prasad, J.

Prayer:

1. The instant appeal under clause 10 of the letters patent is directed against the order/judgment dated 19.07.2022 passed by the learned Single Judge in W.P.(S) No. 3175 of 2018, whereby and whereunder, the learned Single Judge has refused to interfere with the order dated 16.10.2017 passed by the functionary of the Uranium Corporation of India (UCIL) by which the claim of the appellant-writ petitioner for grant of employment under Rehabilitation and Resettlement Policy of the management-UCIL has been rejected.

Facts:

2. The brief facts of the case as per the pleading made in the writ petition which requires to be enumerated herein, reads as under:

The father of appellant had purchased the landed property under Mouza Turamdih, Thana No. 1181 appertaining to Khata No. 13, Plot No. 28 admeasuring a total area of 7.5 decimals by virtue of a registered sale deed dated 04.06.2003.

The Additional Deputy Commissioner, East Singhbhum vide his Letter bearing Memo No. 1476 dated 17.12.2003 recommended the mutation of the aforementioned landed property in the name of the father of appellant after being satisfied that as to the authenticity of the transfer. Pursuant to the Letter of the Additional Deputy Commissioner, East Singhbhum and in compliance with the procedures the Circle Officer, Jamshedpur vide Order dated 22.12.2003 allowed mutation in Mutation Case No. 1361/03-04 and accordingly Correction Slip was issued in favour of the father of the appellant.

A Notification under Section-4 of the Land Acquisition Act, 1894 followed by declaration under Section-6 of the Land Acquisition Act, 1894 was published on 20.12.2003 and 24.12.2003 in the local daily newspaper for acquisition of the landed property for Respondent No. 5 under village- Turamdih, East Singhbhum.

On the basis of the documents produced the father of the appellant was admitted as the rightful owner of the land in L.A. Case No. 01/2002-03 where after the PANCHAT Prepared and the same was submitted to the Government wherein the name of the father of the appellant as claimant is present at Serial No. 18 of the claimant column.

A Notice under Section 12(2) of the Land Acquisition Act, 1894 was issued by the Special Land Acquisition Officer indicating the name of the father of appellant as raiyat and thereby directed appellant to be present on 08.04.2005 for claiming the same.

After verification by the concerned officer a Certificate of Acquisition dated 21.01.2006 was issued in favour of the father of the appellant by the Respondent No. 5 indicating total compensation of Rs.7,223.00/- paid to the appellant as against the acquisition of 7.5 decimals of land and the name of Khatiyani Raiyat from whom the appellant had acquired the aforementioned landed property.

Based on the R & R policy of the Respondent No. 5 the appellant claimed the benefit of employment but instead of providing employment to the appellant, the respondent no.5 has rejected the claim and filed Mutation Appeal No. 67/2010 challenging the legality and validity of the Order dated 22.12.2003 passed in the Mutation Case No. 1361/03-04.

The respondent No. 4 vide Order dated 31.03.2011 allowed the appeal thereby setting aside Order dated 22.12.2003 passed by the Circle Officer, Jamshedpur in Mutation Case No. 1361/03-04.

Being aggrieved by the Order of the Respondent No. 4 the father of the appellant preferred Revision before the Respondent No. 2 bearing Mutation Revision Case No. 36/2011 whereby and where under the Respondent No. 2 vide Order dated 10.12.2015 had rejected the Revision application of the appellant.

The father of the appellant approached this Hon'ble Court by filing W.P.(C) No. 2281 off 2016 which after hearing the parties was disposed of directing appellant to approach Respondent UCIL on 17.04.2017.

The appellant, thereafter, filed representation before the UCIL for granting employment in terms of R and R Policy on 17.05.2017 along with the Order passed in Writ Applicat