The Land Acquisition Act is a self-contained Code, and any government order providing additional benefits beyond the Act's provisions would be inconsistent and invalid. The court emphasized the principles of equal opportunity and appointment on compassionate grounds in public employment.

M. Katju, A.C.J.—This Full Bench has been constituted by Hon’ble the Acting Chief Justice by order dated 22.9.2004 in view of the reference to a Full Bench made by a Division Bench in Writ Petition No. 29679 of 1999, Ravindra Kumar v. District Magistrate, Agra, by order dated 17.2.2001 in which the following questions have been referred to the Full Bench :

(1) “Whether Government orders/ circulars providing employment to one member of a family whose land has been acquired, (over and above the compensation awarded under law) is valid or not?

(2) Whether the acquiring bodies for whose benefit the land is

acquired are bound by these Government orders/circulars?

(3) Whether a writ can be issued directing the acquiring body to consider the claim in accordance with the Government orders/circulars?

2. We have heard the learned counsel for the parties.

3. The facts of the case are that some land of the petitioner and his brothers was acquired under the Land Acquisition Act for the purpose of a Housing Scheme. It is alleged in paragraph 6 of the writ petition that at the time of acquiring the land of the petitioner the Land Acquisition Officer assured the petitioner that he will be adjusted in the service of the Agra Development Authority, but that was not done. The petitioner has relied on the Government order/circular of the State Government dated 28.12.1974, which provides for giving appointment to a member of the family of persons whose land has been acquired vide Annexure-III to the petition. A perusal of the said circular shows that it is mentioned therein that when the land is acquired one member of the family should be given a job in the relevant scheme. In paragraph 3 of the circular it is mentioned that compensation should be paid without delay.

4. In paragraph 8 of the petition reference has been made to the various representations made by the petitioner vide Annexures-IV, V and VI to the writ petition. In these representations the prayer has been made that one member of the family of the petitioner should be given a job. The petitioner has relied on a decision of a learned single Judge in Umesh Chandra Srivastava v. District Magistrate, Gorakhpur, decided on, 14.12.1994. The petitioner has alleged that he is unemployed and hence a mandamus be issued directing that appointment be given to him.

5. A counter-affidavit has been filed on behalf of the State Government and we have perused the same. In paragraph 8 it is denied that the Land Acquisition Officer assured the petitioner that he will be adjusted in service in the office of the Agra Development Authority. It is stated that the petitioner never moved any representation before the District Magistrate or Special Land Acquisition Officer except the letter dated 24.7.2000, Annexure-C.A. 1.

6. A counter-affidavit has also been filed on behalf of the Agra Development Authority. In paragraph 6 it is stated that the share of the petitioner in the land acquired is only 12 biswas and 10 biswansi which too he has transferred prior to the receipt of the compensation. It is denied that any representation was made by the petitioner. It is stated that the G.O. in question is neither applicable nor workable and there is no provision in the Land Acquisition Act for giving a job. The Agra Development Authority never entered into any agreement with the acquiring body or any other person in this connection. It is denied that the petitioner is entitled to the relief prayed for. The petitioner is gainfully employed as registered stamp vendor in the Collectorate, Agra. In paragraph 12 it is denied that the petitioner’s family is suffering.

7. We have also perused the rejoinder-affidavit.

8. In our opinion there is no merit in this petition.

9. It is not denied that the petitioner has received full compensation as provided under Section 23 of the Land Acquisition Act which means an amount equal to full market value of the land with interest as well as solatium under Section 23 (2) wh