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RAJESH SHANKAR
Mukesh Kumar Dubey – Appellant
Versus
Bharat Coking Coal Limited (BCCL), through its Chairman-cum-Managing Director – Respondent
JUDGMENT :
Rajesh Shankar, J.
The present writ petition has been filed for issuance of direction upon the respondent-BCCL to provide employment to the petitioner in lieu of acquisition of his ancestral land and house situated at Village-Kantapahari as other similarly situated persons have already been provided employment as per the scheme of the respondent-BCCL.
2. Learned counsel for the petitioner submits that the ancestral land recorded in the name of the petitioner's grandfather-Late Mohan Dubey situated at Mouja-Kantapahadi, P.S- Katras (Topchanchi), P.S. No. 265, District-Dhanbad was acquired by the respondent-BCCL vide L.A. Case No. 23 of 80-81/26 of 82-83 and compensation for the same was also paid. The grievance of the petitioner is that though he filed several representations before the respondent authorities along with the relevant documents relating to his educational qualification as well as his family certificate issued by the office of the Block Development Officer, Baghmara for providing employment to him in lieu of acquisition of his ancestral land and house, however, no action was taken on the same.
3. It is further submitted that the other similarly situated persons
Claims for employment under rehabilitation schemes must be pursued timely; belated claims violate constitutional provisions and are liable to dismissal.
The High Court may refuse relief due to delay and laches, particularly when third-party rights have accrued, prioritizing timely claims and the integrity of past compensations.
Employment assistance claims under rehabilitation schemes must be timely and supported by evidence of eligibility, particularly regarding the dependency on acquired land.
The central legal point established in the judgment is the eligibility of land losers for employment under the Rehabilitation Scheme and the importance of considering all relevant facts in such cases....
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 discretionary nature of the remedy under Article 226 of the Constitution of India and the limitations of review petitions.
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