Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NISHAN SINGH – Appellant
Versus
STATE OF PUNJAB AND OTHERS – Respondent
JUDGMENT :
NAMIT KUMAR, J.
1. The petitioner has invoked the writ jurisdiction of this Court under Articles 226/227 of the Constitution of India, seeking a writ of certiorari for quashing the order dated 11.09.2024 (Annexure P-12), whereby the claim of the petitioner for appointment in the Government job against his land acquired by the State under the policy letter No.1088/2010-OS/6/3801 dated 08.11.2011 (Annexure P-2) has been rejected. Further, seeking a writ of mandamus, directing the respondents to appoint the petitioner on the Government job in lieu of his land acquired under the abovesaid policy.
2. Brief facts, as have been pleaded in the petition, are that the Punjab Government had issued notification under Section 4 of the Land Acquisition Act, 1984 on 04.10.2010 for acquisition of land for Peona Power Plant at Village Gobindpura, Tehsil Budhlada, District Mansa and other villages and thereafter, notification under Section 6 of the said Act was issued on 17.01.2011. The ancestral land of the petitioner measuring 6 Marlas was acquired for the abovesaid Thermal Plant (Annexure P-1). On protest raised by the petitioner and all other farmers and after struggle of one year, the G
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 ....
Railway land losers policy withdrawal held prospective; pre-existing applications recommended before withdrawal entitled to consideration under earlier scheme, not retrospectively denied.
Claims for employment related to land acquisition must comply with statutory provisions, and significant delays can bar such claims.
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.
Railway rehabilitation policy strictly limits employment to son/daughter/spouse of land losers, not grandchildren; delayed claims barred by laches.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
