ACTION COUNCIL (FOR EVICTED AND AFFECTED PEOPLES OF VSSC VALIYAVELI Vs. GOVERNMENT OF INDIA DEPARTMENT OF SPACE

JUDGEMENT

(1.) This appeal arises from the judgment of the learned Single Judge in W.P.(C) No.30799/2017. The said writ petition, filed by the appellant - an Action Council, was considered along with W.P.(C) No.25039/2017. In both the writ petitions the relief prayed for were in respect of the evictees from lands, where Vikram Sarabhai Space Research Centre was established at Thumba in Thiruvananthapuram. According to the appellant, at the time of establishment of the Space Research Centre, there was an agreement between the evictees on the one side and the Management on the other, wherein, the Management had agreed to consider the evictees or their dependents for employment, without being sponsored by the Employment Exchange. The acquisition in question was during 1960s and the Space Research Centre was established during 1970s. It is the case of the appellant that there is a list of more than 900 persons who were eligible for the benefit under the scheme. By the judgment under appeal, the learned Single Judge dismissed both the writ petitions. It is aggrieved by the judgment in W.P.(C) No.30799/2017 this appeal is filed.

(2.) We heard the Counsel for the appellant, the learned Assistant Solicitor General appearing for respondents 1 to 3 and 5 as also the learned Government Pleader appearing for the 4th respondent.

(3.) According to us, in a litigation involving an individual claim for employment as an evictee of land acquisition proceedings, the right, if any created, is an individual right and such rights cannot be enforced except in a proceedings instituted by the individual concerned. For that reason, the writ petition filed by an Action Council, the nature and constitution of which is unknown, is not maintainable. That apart, the claim made, at this distance of time, is also highly belated; as we have already stated that the acquisition in question was during 1960s and the establishment of the Space Research Centre was in the early 1970s. Therefore, at this distance of time, no fresh claims in the matter can be entertained.