Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | land acquisition rehabilitation 153 land oustees Applications to be reconsidered Employment notice for recruitment of Gangmen rejection of the claims of 2 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rehabilitation – Of land oustees, whose lands were acquired for Sambalpur-Talcher Rail Link Project – Railway Board formulated policy for offering employment to persons displaced by the acquisition of land for railway projects – Employment notice for recruitment of Gangmen in Group ‘D’ posts in the Engineering Department of the Sambalpur Division – O.As filed before the Central Administrative Tribunal, Cuttack Bench by displaced persons – Tribunal found fault with the Railway for initiating selection process for filling up 511 vacancies in Group ‘D’ posts, holding that recourse to direct recruitment was not justified without accommodating all the land oustees and observed that it would be enough if they are found suitable for the post by recruitment committee – Affirmed by the High Court – On appeal, held: Though the policy of the Railway Board provided for the grant of preferential treatment to the land oustees, this was subject to the fulfillment of all other terms and conditions – View of the Tribunal that the land oustees were not required to undergo the process of selection, not accepted – Tribunal exceeded its adjudicatory authority by substituting its own directions for the policy – Out of 9,036 families which were covered by the Sambalpur-Talcher Rail Link Project, 2,805 persons applied for employment – Applications of 2,153 land oustees were rejected – Inter alia the reasons for rejection were insufficient proof of being land losers in the land acquisition – It would be extremely technical to reject the applications without sufficient opportunity to the land oustees to comply with the terms and conditions, including the submission of proof of being land oustees – Policy contemplated that as land acquisition is done through the civil authorities, the village sarpanch/tehsildar should be associated with the verification of the claim of the oustees – Placing the entire burden on the land oustees would result in deprivation of the benefit of the policy – Judgments of the High Court and the Tribunal set aside – Notwithstanding the rejection of the claims of 2,153 land oustees, steps be taken for re-verification of the claims of persons rejected – Applications submitted be reconsidered as against the 82 vacancies (out of 511 vacancies, 429 posts were filled) and in addition, against any other vacancies that may presently exist in respect of the Sambalpur Division and those which may arise in the next two years. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2019 INSC 365 |
Petitioner | Union Of India & Ors. |
Respondent | Shankar Prasad Deep Etc.etc. |
SCR | [2019] 5 S.C.R. 471 |
Judgement Date | 2019-03-14 |
Case Number | 3030 |
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