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2026 Supreme(P&H) 447

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Harpreet Singh Brar, J.
Parveen - Petitioner
Versus
State of Haryana and others – Respondent
CWP-5873-2019, CWP-13046-2019, CWP-13097-2019, CWP-5887-2019, CWP-6793-2019, CWP-6965-2019, CWP-9685-2019, CWP-16022-2019
Decided On : 13-01-2026

Advocates Appeared:
For the Petitioner:Mr. Sandeep K. Sharma, Advocate, with Mr. Lakshya Saini, Advocate and Mr. Ritesh Sharma, Advocate
For the Respondent:Mr. Saurabh Girdhar, AAG, Mr. Anil Chawla, Advocate, Ms. Nikita Goel, Advocate

JUDGMENT :

HARPREET SINGH BRAR, J.

1. Vide this common order, I intend to dispose of all the aforementioned captioned writ petitions, as common questions of law and facts are involved for adjudication. For the sake of convenience, facts are taken from CWP-5873-2019.

2. Prayer in the writ petition (CWP-5873-2019) filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of certiorari, for quashing the Memo/Order dated 15.01.2019 (Annexure P-9) and Memo dated 25.02.2019 (Annexure P-10) passed by respondent No.3, whereby the claim of the petitioner for a job in lieu of land acquired for construction of MGSTPP/IGSTPP, Jhajjar has been returned/rejected. Further a writ of mandamus has been sought, directing the respondents to provide job to the petitioner as per his eligibility for the land acquired for construction of Jhajjar Power Plant i.e. MGSTPP/IGSTPP of CLP in terms of the policy dated 05.07.2007 (Annexure P-2) and policy dated 09.11.2010 (Annexure P-3) framed by the State Government, as amended vide notification dated 15.10.2013 (Annexure P-4)

3. Learned counsel for the petitioner(s), inter alia, contends that the petitioner(s) land was acquired for setting up of a Thermal Power Plant in District Jhajjar by the respondent/Corporation in the year 2007. The State Government has issued a Rehabilitation and Resettlement (R&R) Policy on 09.11.2010. The benefit of the same can be extended to the petitioner(s) since the award was passed in favour of the petitioner(s) in the year 2007 itself for the acquisition of the land. The claim of the petitioners for compassionate appointment in terms of the R&R Policy is further forfeited from the fact that their very source of survival i.e. agricultural land, has been acquired and several oustees whose land was acquired for setting up of a Thermal Power Plant in the State of Haryana have been granted the benefit of R&R Policy. The State instrumentalities has publicly promised to provide livelihood to the land oustees, whose land was acquired. The relevant Clause 11 of the R&R Policy clearly laid down the criteria for the benefits of the affected persons. The petitioner(s) have filed various representations in terms of the policy, however, their claims have been rejected.

4. Per contra, learned counsel for the respondent/Corporation submits that the issue involved in all the writ petitions is squarely covered by the judgment rendered by the Division Bench of this Court in LPA-76-2023, titled as State of Haryana through Chief Secretary, Government of Haryana and another vs Ramesh Kumar and others decided on 18.11.2025. He further contends that the Coordinate Bench of this Court in CWP-1150-2015, titled as Ramesh Kumar and others vs State of Haryana and others, decided on 10.05.2022, has directed the respondent/Corporation to consider the case of identically circumstanced land owners, whose land was acquired for setting up of a Thermal Power Plant in District Jhajjar. However, the respondent/Corporation preferred an intra-court appeal, which was allowed by the Division Bench of this Court in LPA-76-2023

5. I have heard learned counsel for the parties and perused the record with their able assistance.

6. Before adverting to the facts of the case, it would be appropriate to reproduce the operative part of the judgment passed in LPA-76-2023, which reads as follows:-

7. At the outset, we may note that the acquisition of the land herein is pursuant to the provisions of the Land Acquisition Act, 1894. The Act of 1894 is a self-contained code. The Act contemplates provision for payment of compensation of the acquired land at the market rate. The compensation, pursuant to such acquired land, has already been released to the respondents. The policy for providing compassionate appointment is not shown to be referable to any provision of the Land Acquisition Act. So far as the policy of the State, is concerned, it has actually crystallized with issuance of the notificatio

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