ABHISHEK DWIVEDI Vs. BHARAT ALUMINIUM COMPANY LTD

JUDGEMENT

(1.) With the consent of the parties, the matter is heard finally.

(2.) The case of the Petitioner is that the Petitioner and his father owned an agricultural land situated in village-Keshmarda, Patwari Halka No. 1/2, Revenue cirde-Bodla, Tahsll-Kawardha under Khasra No. -189/2 and 189/3 admeasuring 1.02 hectares. The aforesaid land of the Petitioner was acquired under acquisition proceedings drawn by the Land Acquisition Officer under the provisions of Land Acquisition Act of Respondent company. Even though the land of the Petitioner was acquired and the possession was taken, the Petitioner has neither been provided any compensation which is payable to him under the law nor has been provided employment under the rehabilitation policy promulgated by the State Government.

(3.) Learned Counsel for the Petitioner argued that the land of the Petitioner was acquired for Respondent / company but the Petitioner is not aware of the award passed in the acquisition proceedings until the same was disclosed by the Respondents in their return. He submits that even if the acquisition proceedings have been initiated in the year 2002 and culminated in passing of award on 30/08/03, the Petitioner would be entitled to employment in view of rehabilitation policy which has now been promulgated by the State Government in the year 2007, placed on record as Annexure P/4. Submission of learned Counsel for the Petitioner is that as the rehabilitation policy is a benevolent scheme of the Government, even if the land was acquired prior to promulgation of the policy, the Petitioner's claim for employment is liable to be considered and the Petitioner is entitled to appropriate employment. He submits that the acquisition proceedings will not come to an end until proper compensation as payable under the provisions of Land Acquisition Act is actually paid to the Petitioner and as the compensation amount till date has not been paid to the Petitioner, it cannot be said that the land acquisition proceedings have finally come to an end and therefore, the policy of the year 2007 would be applicable in the matter of grant of employment. He submits that all the conditions stipulated in the policy of 2007 (Annexure P/4) are fulfilled by the Petitioner and even though the Petitioner gave notice to Respondents, no employment was given nor any compensation has been paid to him.