IMPORTANT POINT
Claims for employment under rehabilitation schemes must be pursued timely; belated claims violate constitutional provisions and are liable to dismissal.

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 have been provided employment in lieu of acquisition of their lands, however, no employment has yet been provided to the petitioner. The petitioner has neither any source of income nor has any job to earn his livelihood. As per the agreement and award, the petitioner has already vacated the acquired property and the same is being used by the respondent-BCCL.

4. Per-contra, learned counsel for the respondent-BCCL submits that the present writ petition has been filed after an inordinate delay and on this ground alone, the same is liable to be dismissed. The process for acquisition of the land in question has been completed several years ago and the scheme of employment under the rehabilitation policy has already been closed and hence the petitioner’s prayer is not worth consideration.

5. Heard learned counsel for the parties and perused the relevant materials available on record. Thrust of the argument of learned counsel for the petitioner is that though compensation has been paid to him in lieu of acquisition of the ancestral land and house recorded in the name of his grandfather, however, no employment has been provided as per the scheme of the respondent-BCCL.

6. On bare perusal of Annexure-1 to the writ petition, it appears that the land and house in question were acquired vide L.A. Case No. 23 of 80-81/26 of 82-83. However, the first representation for employment was filed by the petitioner’s father along with other persons in the year 2014 i.e. after more than 30 years of acquisition of the land in question. The petitioner has failed to bring on record any representation which was filed at the time of acquisition of the land in question or within a reasonable period thereafter. If any legally entitled person had sought employment against acquisition of the land in question, he would have been provided employment as per the scheme prevailing at that time. It is further evident from the record that the petitioner was not even born at the time of the said acquisition. It appears that neither the petitioner’s grandfather nor his father was interested in getting employment in lieu of acquisition of the land in question at the relevant time, however, after attaining the age of majority, the petitioner has pursued for employment.

7. This Court in the case of Pravin Kumar Vs. State of Jharkhand & Ors. reported in 2021 SCC Online Jhar 1372, has held as under:-

“5. In the case Syed Maqbool AM v. State of U.P. reported in (2011) 15 SCC 383, the Hon'ble Supreme Court has held as under:—

“12. The High Courts should also be cautious in entertaining writ petitions filed decades after the dispossession, seeking directions for acquisition and payment of compensation. It is not uncommon for villagers to offer/donate some part of their lands voluntarily for a public purp