Chattisgarh High Court
Union Of India vs Lal Singh on 8 December, 2022
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 8864 of 2022
1. Union of India Through The General Manager, S.E.C.Railway,
Bilaspur Zone, Headquarters Office, Bilaspur District Bilaspur
Chhattisgarh495004
2. The Sr. Divisional Personnel Officer S.E.C.Railway, Bilaspur
Division, Dmrs Office, Bilaspur District Bilaspur Chhattisgarh
495004
---- Petitioner
Versus
1. Lal Singh S/o Shri Shersingh Aged About 46 Years Unemployed R/
o Village Madna, P.S. Gourella, Tehsil Pendra Road, District
Gourella Pendra Marwahi Chhattisgarh
2. The Chief Project Manager Rail Vikas Nigam Limited, Project
Office, Block No. 5, Maruti Business Park, G.E.Road, Raipur
492013
---- 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
08.12.2022
This writ petition is directed against an order dated 07.04.2022
passed by the learned Central Administrative Tribunal, for short, 'CAT',
Jabalpur Bench, Circuit Sitting, Bilaspur, allowing the Original Application
No.203/322/2021.
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withdrawn.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
Anu
