PARVEEN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide this common order, I intend to dispose of all the aforementioned captioned writ petitions, as common questions of law and facts are involved for adjudication. For the sake of convenience, facts are taken from CWP-5873-2019.

(2.) Prayer in the writ petition (CWP-5873-2019) filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of certiorari, for quashing the Memo/Order dtd. 15/1/2019 (Annexure P-9) and Memo dtd. 25/2/2019 (Annexure P-10) passed by respondent No.3, whereby the claim of the petitioner for a job in lieu of land acquired for construction of MGSTPP/IGSTPP, Jhajjar has been returned/rejected. Further a writ of mandamus has been sought, directing the respondents to provide job to the petitioner as per his eligibility for the land acquired for construction of Jhajjar Power Plant i.e. MGSTPP/IGSTPP of CLP in terms of the policy dtd. 5/7/2007 (Annexure P-2) and policy dtd. 9/11/2010 (Annexure P-3) framed by the State Government, as amended vide notification dtd. 15/10/2013 (Annexure P-4)

(3.) Learned counsel for the petitioner(s), inter alia, contends that the petitioner(s) land was acquired for setting up of a Thermal Power Plant in District Jhajjar by the respondent/Corporation in the year 2007. The State Government has issued a Rehabilitation and Resettlement (R&R) Policy on 9/11/2010. The benefit of the same can be extended to the petitioner(s) since the award was passed in favour of the petitioner(s) in the year 2007 itself for the acquisition of the land. The claim of the petitioners for compassionate appointment in terms of the R&R Policy is further forfeited from the fact that their very source of survival i.e. agricultural land, has been acquired and several oustees whose land was acquired for setting up of a Thermal Power Plant in the State of Haryana have been granted the benefit of R&R Policy. The State instrumentalities has publicly promised to provide livelihood to the land oustees, whose land was acquired. The relevant Clause 11 of the R&R Policy clearly laid down the criteria for the benefits of the affected persons. The petitioner(s) have filed various representations in terms of the policy, however, their claims have been rejected.