Land losers are entitled to employment under the Railway policy irrespective of the land area acquired, provided eligibility criteria are met.

(ORAL)ORDER

Per : Shri Justice M.G. Sewlikar, Member (J)

We have heard the learned counsel for the Applicant and learned counsel for the Respondents at great length.

2. A short question involved in this OA is whether the applicant whose land has been acquired by the State Government for the project of Indian Railways is entitled to an employment.

3. Facts leading to this application are that the Applicant’s father by the name of Baburao Eknath Gadhave was the owner of land to the extent of 11R situated at Village Kalaj, Taluka Phaltan, Dist. Satara. The State Government had published a Notification for acquisition of land at Village Kalaj, Taluka Phaltan for the project of Indian Railways. The Indian Railways, Government of India, Ministry of Railways had issued a letter/policy on 16th July, 2010 to the effect that the land losers will be entitled to one job to be offered to an applicant from the land loser family. Land of the applicant to the extent of 11R (13000 sq.ft.) was acquired on 11th October, 2010. In terms of this policy, the applicant’s father Baburao Eknath Gadhave filed an application before the Railway Authorities requesting therein that the employment be given to the applicant. On 01st January, 2013, applicant made an application for getting employment vide (Annexure A-2). On 26th May, 2017, the respondents demanded proof of date of birth. The applicant made an application under RTI to know the status of his application. The respondents by letter dated September, 2019 informed the applicant that they made a reference to Railway Board for issuing specific guidelines for dealing with land losers cases. The letter further states that reply/guidelines from Railway Board is awaited. After receipt of reply from Railway Board, the cases of land losers will be dealt with. The respondents came up with another policy regarding compensation of land losers affected by land acquisition for Railway projects vide letter dated 11th November, 2019. The applicant has filed this application claiming following reliefs:

“8.a) This Hon'ble Tribunal may graciously be pleased to call for the records of the case from the Respondents and after examining the same, direct the Respondents to consider the claim of the Applicant for appointment in pursuance of Railway Board letter dated 16.07.2010 w.e.f. 01.01.2013 along with all consequential benefits;

8.b) Costs of the Application be provided for;

8.c) Any other and further order as this Hon’ble Tribunal deems fit in the nature and circumstance of the case be passed”.

4. Respondents filed their reply contending therein that clause 8 of this Policy does not apply to those cases where land acquisition process has been concluded by way of possession of land. It is further their contention that instructions were issued vide letter dated 19th April, 2006, no cognizance by way of offering employment to displaced person should be given wherein only a strip of land has been acquired. This instruction dated 19th April, 2006 further states that appointment can be considered in Group ‘D’ posts only where large area/house or substantial livelihood has been taken away/snapped in the process, and that, offering appointment in Railways should be an exception rather than a rule, whenever any land acquisition takes place. It is their contention that the acquisition of land of the applicant formed a small portion and, therefore, he is not entitled to employment. After the acquisition in question, new Act of Right to Fair Compensation and Transparency in Land acquisition Rehabilitation and Resettlement Act, 2013 came into force. New Act does not stipulate giving employment in lieu of land acquired. Therefore, Central Railway has requested Railway Board vide letter d