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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Parveen – Appellant
Versus
State of Haryana – Respondent
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 acqui
The main legal point established in the judgment is that the appointment of land losers cannot be claimed as a matter of right and any government order providing employment to one member of a family ....
No statutory provision for employment in lieu of acquired land; only compensation payable. Policy decisions providing jobs cannot override Land Acquisition Act, rendering them illegal.
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....
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