CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH JABALPUR Original Application No.200/264/2023 Jabalpur, this Wednesday, the 10^th day of December, 2025 HON’BLE MR. JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER HON’BLE MRS. MALLIKA ARYA, ADMINISTRATIVE MEMBER Rahul Singh Chouhan, aged 29 years, S/o Shri Devendra Singh Chouhan, Occupation : Unemployed, R/o House No.313, Ward No.14, Post Aari, Tehsil Babai, Distt. Hoshangabad.

-Applicant (By Advocate – Shri Shubham Nanepag)

V e r s u s

1. Union of India through the General Manager, West Central Railway, Indra Market, Jabalpur – 482001.

2. Divisional Railway Manager, West Central Railway, Bhopal.

- Respondents (By Advocate – Shri P.K. Chaurasia) (Date of reserving order : 17.11.2025)

O R D E R By Akhil Kumar Srivastava, Member (J).

The applicant is aggrieved that he has not been offered appointment in lieu of the land acquired by the respondents for their Railway project.

2. The applicant has stated in his Original Application that his ancestral property bearing Khasara No.26/1 situated in Village Saket, Tehsil and District Hoshangabad was acquired and an award to this effect was passed on 10.09.2015. As per the policy of the Railway dated 16.07.2010 (Annexure A-2) read with corrigendum dated 13.08.2010 (Annexure A-3), the applicant submitted his application for grant of employment alongwith all the relevant documents but till date no action has been taken in the matter. However, under the RTI, the applicant has been provided with the information dated 01.09.2022 (Annexure A-7) that his case will be considered under the circular dated 11.11.2019. The applicant submits that this circular will not apply in his case as his land was acquired prior to

11.11.2019.

3. In their reply, the respondents have stated that as per Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as ‘2013 Act’ for brevity), there is no provision to grant employment. Further, as per the notification issued by the Railway vide letter dated 16.05.2019, in column No.5(v), it is specifically stated that alongwith the application, all the documents relating to acquisition of land, i.e. Khasar No.P-1 and P-II, complete list of award pattrak under Section 11(1), which is attested by the Acquisition Officer, original notice issued by the Acquisition Officer and the photocopy of draft of compensation are to be attached. The applicant has not submitted these documents even after issuance of letters dated 23.08.2021 and 07.10.2021. It has also been stated that the earlier policy of offering appointment in Railways to affected land losers is withdrawn and circular issued in this regard stands superseded vide RBE No.193/2019 dated 11.11.2019.

4. We have heard learned counsel for the parties and perused the pleadings and the documents placed on record.

5. So far as the issue regarding applicability of Railway Board’s instructions dated 11.11.2019, this has already been considered and decided by this Tribunal in Original Application No.200/275/2021 on 23.03.2022.

The operative paragraph of the order reads as under:

“6. It is undisputed fact that the land of the applicants’ was acquired prior to issuance of RBE No.193/2019 dated 11.11.2019, which is clear as per the award passed by the Sub-Divisional Officer dated 02.08.2019 (Annexure A- 1). Para 5 of the RBE No.193/2019 clearly states that the policy shall be effective from the date of its issuance, meaning thereby, the persons whose land was acquired after issuance of RBE No.193/2019, shall be governed by the said policy. However, in the instant case, the land of the applicants was acquired much prior to issuance of RBE No.193/2019 and as such, case of the applicants ought to have been considered as per the earlier policy of the respondent department, which provides for employment assistance apart from compensation. Moreover, this Tribunal in number of Original Applications has already adjudicated upon this