Union Of India vs Akshat Tiwari
2022 Latest Caselaw 7373 Chatt

                                                                     NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR
                         WPS No. 8781 of 2022

1.    Union of India Through General Manager, South East Central
      Railway, New Gm Building, Bilaspur Chhattisgarh 495004
2.    Principal Chief Personal Officer, Bilaspur Division, South East
      Central Railway, Bilaspur Chhattisgarh 495004
3.    Divisional Railway Manager South East Central Railway, Bilaspur
      Chhattisgarh 495004
                                                            ---- Petitioners
                                  Versus
1.    Akshat Tiwari S/o Shri Ashok Tiwari Aged About 27 Years R/o
      Village Madna, Amarkantak, Road, Pendra Road, Tahsil, Pendra,
      Ditrict Gaurela Pendra Marwahi Chhattisgarh 495117
2.    State of Chhattisgarh Through Sub Divisional Officer, District
      Gaurela Pendra Marwahi Chhattisgarh
                                                         ---- Respondents

(Cause-title taken from Case Information System)

For Petitioners : Mr. Ramakant Mishra, Deputy Solicitor General

Hon'ble Shri Arup Kumar Goswami, Chief Justice

Hon'ble Shri Arvind Singh Chandel, Judge

Order on Board

Per Arup Kumar Goswami, Chief Justice

07.12.2022

This writ petition is directed against an order dated 08.04.2022

passed by the learned Central Administrative Tribunal, Jabalpur Bench,

Circuit Court Sittings, Bilaspur in Original Application No. 203/580/2020.

2. Mr. Ramakant Mishra, learned Deputy Solicitor General, appearing

for the petitioners, submits that this case is squarely covered by the

judgment dated 23.09.2022 passed in WP(S) No. 5804 of 2022 (Union of

India & Others v. Vijay Jaiswal).

3. The original application was filed by the respondent No.1 (applicant

before the CAT) being aggrieved by the rejection of his candidature for

appointment in lieu of the land acquired by the petitioners on the ground

that the present respondent No.1 is entitled to compensation as per the

Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013, for short, 'the Act of 2013'.

4. This Court in its order dated 23.09.2022 in Vijay Jaiswal (supra),

took note of two policies : one under RBE No.99/2010 dated 16.07.2010,

which provides for employment assistance to one of the family members

whose land is acquired and the other under RBE No. 193/2019, dated

11.11.2019, on the subject of revision of policy regarding compensation of

land-losers affected by acquisition for Railway projects, whereby amongst

others, the earlier policy offering appointment to the land-losers was

withdrawn.

5. Taking note of the aforesaid two policies, this Court, at paragraphs-

11, 12 & 13, observed as follows :

"11. A perusal of the said policy would go to show that irrespective of whether the land acquisition for railway projects was done through the Railways Act, 1989 after declaring it as Special Railway Project or through State Governments, determination of compensation shall be made in accordance with the First, Second and Third Schedules of the Act of 2013 and accordingly, the policy of offering appointment in Railways to

affected land losers was withdrawn and circulars issued in that regard were superseded.

12. Clause 5 of the policy, however, makes it amply clear that the new policy shall be effective from the date of the issue of the letter. Therefore, there is no manner of doubt that the earlier policy which was withdrawn continued to remain in force till issuance of the notification dated 11.11.2019.

13. In view of the above discussion, the view taken by the CAT cannot be faulted with. Resultantly, we find no merit in this petition and the same is dismissed."

6. In view of the submission of Mr. Mishra, following the reasoning

assigned in Vijay Jaiswal (supra), this petition is dismissed.

                        Sd/-                                           Sd/-
                (Arup Kumar Goswami)                        (Arvind Singh Chandel)
                    Chief Justice                                    Judge
Chandra