NAMDEO Vs. WESTERN COAL FIELDS LTD

JUDGEMENT

(1.) Petitioners are invoking writ jurisdiction of this Court under Article 226 of the Constitution of India for grant of employment to grand-daughter (petitioner No.2) in terms of Rehabilitation and Resettlement ('R&R') Policy on account of acquisition a land for Western Coal Fields Ltd. ("WCL').

(2.) It can be briefly stated that the Petitioner No.1 was the owner of land measuring 1.62 HR bearing survey Nos. 61/4 and 47 situated at Mouza Naglon, Tah. Bhadrawti, Dist. Chandrapur. By virtue of Notification issued by the Government of India under the provisions of Coal Bearing Areas (Acquisition and Development) Act, 1957 ('the Act of 1957'), the aforesaid land was acquired for WCL project. Preliminary Notification under Sec. 4(i) of the Act of 1957 was issued on 19/4/2009 whilst Sec. 9(i) Notification dtd. 18/10/2011 was published on 22/10/2011, in effect vesting all rights, tittle and interest of the land in the Central Government.

(3.) At the time of publication of Notification under Sec. 9(i) of the Act of 1957, petitioner No.1 was exclusive owner of said land. In terms of R&R Policy, the petitioner No.1 (land owner) has nominated his grand-daughter (petitioner No.2) for providing an employment against the acquisition of land. Initially, the respondents have acted upon said nomination by directing nominee (petitioner No.2) to report the Chief Medical Officer for medical examination. After clearing medical examination, the respondents included her name in the list of other female candidatures who are selected for vocational training. It was followed by admitting petitioner No.2 for vocational training which she did. Petitioner No.2 was also included in the list for job training which she completed.