Central Administrative Tribunal - Kolkata
Anirban Roy vs Eastern Railway on 13 April, 2026
1 O.A. No. 350/835/2025 & Anr.
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH, KOLKATA
O.A. No. 350/835/2025
O.A. No. 350/808/2025
Date of Hearing: 19.02.2026
Date of Order: 13.04.2026
Coram: Hon'ble Mr. Anindo Majumdar, Administrative Member
Hon'ble Mr. Diwakar Singh, Judicial Member
O.A. No. 350/835/2025: Anirban Roy, son of Sri Abir
Kumar Roy, aged about 45 years,
occupation unemployed, residing
at Village Sarmastapur, P.O. Palla
Road (R/S), P.S. Memari, District
Burdwan, Pin-713151.
......... Applicant
-Versus-
1. The Union of India service
through the General Manager,
Eastern Railway, Fairlie Place, 17,
N.S. Road, Kolkata- 700 001.
2. The Principal Chief Personnel
Officer, Eastern Railway, Fairlie
Place, 17, N.S. Road, Kolkata-
700001.
3. The Additional District
Magistrat. (Land Acquisition),
Burdwan, acting Competent
Authority under Railway
(Amendment) Act, 2008, P.O. &
P.S. Burdwan, Pin-713151.
4. The Chairman, Railway Board,
Ministry of Railway, Government
of India, Rail Bhawan, Raisina
Marg, New Delhi-110001.
5. The Chief General Manager,
DFCCIL, 3rd Floor, Dcos
Building, East West Metro,
Central Park Depot, Salt Lake,
Sector-1, Bidhannagar, Kolkata
700091.
.......Respondents
Digitally signed by UTKARSH JHA
UTKARSH
DN: C=IN, O=Personal, T=5165, OID.2.5.4.65=
133594473126687154pySd3T548hJkYS, Phone=
d9b37d12604e22491616e4be43745443ceb9dc6b6c897b9b058b2c8
0169b65de, PostalCode=812001, S=Bihar, SERIALNUMBER=
87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e7
1dd7d0a, CN=UTKARSH JHA
JHA Reason: I am the author of this document
Location:
Date: 2026.04.13 17:20:49+05'30'
Foxit PDF Reader Version: 2024.3.0
2 O.A. No. 350/835/2025 & Anr.
O.A. No. 350/808/2025: 1. Asish Nath, son of Late
Butnath Nath, aged about 55
years, by occupation
unemployed.
2. Dhiraj Nath, son of Asish
Nath, aged about 30 years, by
occupation unemployed.
Both are residing at Village -
Kantatikar, P.O. Palla Road (R/S)
P.S. Memari, Dist. - Burdwan,
Pin - 713151.
......... Applicants
-Versus-
1. The Union of India service
through the General Manager,
Eastern Railway, Fairlie Place, 17,
N.S. Road, Kolkata- 700 001.
2. The Principal Chief Personnel
Officer, Eastern Railway, Fairlie
Place, 17, N.S. Road, Kolkata-
700001.
3. The Additional District
Magistrat. (Land Acquisition),
Burdwan, acting Competent
Authority under Railway
(Amendment) Act, 2008, P.O. &
P.S. Burdwan, Pin-713151.
4. The Chairman, Railway Board,
Ministry of Railway, Government
of India, Rail Bhawan, Raisina
Marg, New Delhi-110001.
5. The Chief General Manager,
DFCCIL, 3rd Floor, Dcos
Building, East West Metro,
Central Park Depot, Salt Lake,
Sector-1, Bidhannagar, Kolkata
700091.
.......Respondents
Digitally signed by UTKARSH JHA
UTKARSH
DN: C=IN, O=Personal, T=5165, OID.2.5.4.65=
133594473126687154pySd3T548hJkYS, Phone=
d9b37d12604e22491616e4be43745443ceb9dc6b6c897b9b058b2c8
0169b65de, PostalCode=812001, S=Bihar, SERIALNUMBER=
87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e7
1dd7d0a, CN=UTKARSH JHA
JHA Reason: I am the author of this document
Location:
Date: 2026.04.13 17:20:49+05'30'
Foxit PDF Reader Version: 2024.3.0
3 O.A. No. 350/835/2025 & Anr.
For The Applicant(s): Mr. S. K. Datta, Mr. B. Chatterjee; Counsel
For The Respondent(s): Mr. S. K. Nandi, Ms. E. Banerjee
Mr. A. Dutta; Counsel
ORDER
Per: Mr. Diwakar Singh, Member (J)
Heard Ld. Counsel on both the sides.
2. The present Original Applications have been filed by the applicants assailing the speaking order dated 18.12.2024 (Annexure A/23) issued by the respondent authorities whereby the claims of the applicants for appointment under the Land Loser Scheme, in terms of Railway Board's Circular dated 16.07.2010 (Annexure A/2), have been rejected. Since both the O.A.s arise out of a common cause of action seeking identical relief, they are taken up for disposal by this common order. For the sake of brevity, facts of O.A. 350/835/2025 are delineated, discussed and dealt with hereunder. The applicants in both the O.A.s have sought the following relief(s):
"a) To quash and set aside the speaking order dated 18.12.2024 passed by PCPO, E.Rly. Kolkata.
b) For a direction upon the respondent authorities particularly the respondent No. 1 & 2 to immediately issue requisite Form-Part A & B relating to appointment of land loser affected by land acquisition for Railway Projects in favour of the applicant in terms of Govt.
notification dated 16.07.2010 and 13.08.2010 and issue appointment order in favour of the applicant with all consequential service benefits.
c) Any other appropriate order and/or orders direction and/or directions to which the applicant is otherwise entitled to in accordance with law;"
Digitally signed by UTKARSH JHA
UTKARSH DN: C=IN, O=Personal, T=5165, OID.2.5.4.65= 133594473126687154pySd3T548hJkYS, Phone= d9b37d12604e22491616e4be43745443ceb9dc6b6c897b9b058b2c8 0169b65de, PostalCode=812001, S=Bihar, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e7 1dd7d0a, CN=UTKARSH JHA JHA Reason: I am the author of this document Location:
Date: 2026.04.13 17:20:49+05'30' Foxit PDF Reader Version: 2024.3.0 4 O.A. No. 350/835/2025 & Anr. FACTS OF THE CASE
3. The facts of the case, in brief, are that the land belonging to the applicant was acquired for the purpose of construction of the Eastern Dedicated Freight Corridor, stated to be a Special Railway Project. The acquisition was carried out under the provisions of the Railways Act, 1989, as amended by the Railways (Amendment) Act, 2008 (No. 11 of 2008) (hereinafter referred to as the 'Railways Act'), pursuant to which the land, upon acquisition, was vested in the Central Government.
3.1. It is the case of the applicant that in terms of the Railway Board's Circular RBE No. 99/2010 dated 16.07.2010, which provides for employment to PB-1 in the Pay Band of Rs. 5,200-
20,200 with the Grade Pay of Rs. 1800/- only for land losers on account of acquisition of land for the projects on the Railways (excluding those for Deposit works), the applicant became entitled to consideration for appointment. The applicant accordingly submitted representations before the authorities seeking issuance of requisite certificates and consequential appointment under the said scheme.
3.2. The record reveals that the applicant had initially approached this Tribunal by filing O.A. Nos. 49 of 2016 to 52 of 2016 (the present applicant being applicant in O.A. No. 52 of 2016), which were disposed of by a common order dated 20.09.2016 (Annexure A/11), directing the respondent/competent authority to consider the Digitally signed by UTKARSH JHA UTKARSH DN: C=IN, O=Personal, T=5165, OID.2.5.4.65= 133594473126687154pySd3T548hJkYS, Phone= d9b37d12604e22491616e4be43745443ceb9dc6b6c897b9b058b2c8 0169b65de, PostalCode=812001, S=Bihar, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e7 1dd7d0a, CN=UTKARSH JHA JHA Reason: I am the author of this document Location:
Date: 2026.04.13 17:20:49+05'30' Foxit PDF Reader Version: 2024.3.0 5 O.A. No. 350/835/2025 & Anr. representations of the applicants by passing reasoned and speaking orders within a stipulated time. Pursuant thereto, the competent authority under the Railways Act, namely, the Additional District Magistrate (Land Acquisition), Burdwan, initiated proceedings being Misc. Case No. 1/DFCC/2017 and, vide orders dated 04.01.2017 to 27.01.2017 (Annexure A/25), disposed of the matter directing the applicants to approach the General Manager, Eastern Railway, Howrah for necessary action. Thereafter, the applicant again agitated his grievance before this Tribunal by filing O.A. No. 491 of 2017, which was taken up along with similar matters and disposed of by a common order dated 16.03.2020 (Annexure A/15), directing the respondents to undertake an exercise in terms of the directions issued by the Hon'ble High Court in WPCT No. 74 of 2016 and analogous matters.
3.3. Alleging non-compliance of the aforesaid order dated 16.03.2020, the applicant initiated contempt proceedings being C.P.C. No. 37 of 2021 before this Tribunal. In connected contempt matters arising out of the same batch, this Tribunal passed an order dated 27.09.2022 (Annexure A/16), and ultimately, the contempt proceedings, including C.P. No. 36 of 2021 arising out of O.A. No. 491 of 2017, came to be disposed of by order dated 18.04.2023 (Annexure A/18). 3.4. Being aggrieved thereby, the applicant approached the Hon'ble High Court at Calcutta by filing W.P.C.T. No. 91 of Digitally signed by UTKARSH JHA UTKARSH DN: C=IN, O=Personal, T=5165, OID.2.5.4.65= 133594473126687154pySd3T548hJkYS, Phone= d9b37d12604e22491616e4be43745443ceb9dc6b6c897b9b058b2c8 0169b65de, PostalCode=812001, S=Bihar, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e7 1dd7d0a, CN=UTKARSH JHA JHA Reason: I am the author of this document Location:
Date: 2026.04.13 17:20:49+05'30' Foxit PDF Reader Version: 2024.3.0 6 O.A. No. 350/835/2025 & Anr. 2023, which was disposed of by order dated 11.10.2023 (Annexure A/20), whereby the Hon'ble High Court, inter alia, directed the respondents to comply with the order dated 16.03.2020 by adopting an identical exercise as directed in W.P.C.T. No. 74 of 2016 while considering the claim of the applicant and to pass an appropriate order within the stipulated time.
3.5. Subsequently, upon alleged non-compliance of the aforesaid directions, contempt proceedings being CPAN No. 531 of 2024 were initiated before the Hon'ble High Court. During pendency of the said proceedings, and also during pendency of a Review Petition being RVW No. 288 of 2023 filed by the respondents, the impugned speaking order dated 18.12.2024 came to be passed by the respondent authorities. The said Review Petition was dismissed, vide order dated 19.12.2024 (Annexure A/26), and, finally, the Hon'ble High Court, vide order dated 11.03.2025 in CPAN No. 531 of 2024 (Annexure A/27), disposed of the contempt proceedings granting liberty to the applicant to challenge the said speaking order before the appropriate forum.
3.6. By way of the impugned speaking order dated 18.12.2024, the respondents have rejected the claim of the applicant primarily on the ground that the project in question pertains to Dedicated Freight Corridor Corporation of India Limited (DFCCIL), a Public Sector Undertaking, and that the Digitally signed by UTKARSH JHA UTKARSH DN: C=IN, O=Personal, T=5165, OID.2.5.4.65= 133594473126687154pySd3T548hJkYS, Phone= d9b37d12604e22491616e4be43745443ceb9dc6b6c897b9b058b2c8 0169b65de, PostalCode=812001, S=Bihar, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e7 1dd7d0a, CN=UTKARSH JHA JHA Reason: I am the author of this document Location:
Date: 2026.04.13 17:20:49+05'30' Foxit PDF Reader Version: 2024.3.0 7 O.A. No. 350/835/2025 & Anr. Railway Board's policy dated 16.07.2010 is not applicable in such cases.
3.7. It is in these circumstances that the present Original Application has been filed.
CONTENTIONS OF THE APPLICANT
4. Learned Counsel for the applicant submits that the impugned speaking order is wholly arbitrary, non-speaking and in violation of the directions issued by the Hon'ble High Court. 4.1. It is contended that the land of the applicant was acquired by the Central Government under the provisions of the Railways Act for the public purpose, for execution of the Special Railway Project, namely, Eastern Dedicated Freight Corridor in the state of West Bengal, and, therefore, the land so acquired vests with the Central Government/Railways. It is further submitted that merely because the execution of the project has been entrusted to DFCCIL, the essential character of the project as a railway project does not undergo any change. According to the applicant, the respondents cannot evade the applicability of the Railway Board's policy by drawing a distinction between Railways and DFCCIL when the acquisition itself has been effected under the Railways Act and for a railway project.
4.2. Learned Counsel for the applicant has further contended that the land of the applicant formed part of the notified Digitally signed by UTKARSH JHA UTKARSH DN: C=IN, O=Personal, T=5165, OID.2.5.4.65= 133594473126687154pySd3T548hJkYS, Phone= d9b37d12604e22491616e4be43745443ceb9dc6b6c897b9b058b2c8 0169b65de, PostalCode=812001, S=Bihar, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e7 1dd7d0a, CN=UTKARSH JHA JHA Reason: I am the author of this document Location:
Date: 2026.04.13 17:20:49+05'30' Foxit PDF Reader Version: 2024.3.0 8 O.A. No. 350/835/2025 & Anr. acquisition for the Eastern Dedicated Freight Corridor project, as would be evident from the notifications issued by the Ministry of Railways, and that the acquisition indisputably covered the land situated in the relevant Mouza, including the plots belonging to the applicant.
4.3. It is submitted that pursuant to the policy decision of the Railway Board communicated vide Circular dated 16.07.2010, the Railways were required to consider cases of land losers for employment in respect of lands acquired for Railway projects.
The applicant, being the recorded owner of the subject land measuring about 1.32 acres in Mouza - Belut, P.S. Memari, District Burdwan, falls squarely within the category of land losers contemplated under the said policy and is, therefore, entitled to consideration for appointment. 4.4. It is further urged that merely because the execution of the project was undertaken by the Dedicated Freight Corridor Corporation of India Limited (DFCCIL), which is a Public Sector Undertaking, the essential character of the project does not cease to be that of a Railway project, inasmuch as the acquisition was carried out by the Ministry of Railways and the land, upon acquisition, vested absolutely in the Central Government free from all encumbrances. In this context, it is emphasized that even the record of rights reflects the raiyat as the Government of India, Ministry of Railways, and not DFCCIL, thereby reinforcing the contention that the Digitally signed by UTKARSH JHA UTKARSH DN: C=IN, O=Personal, T=5165, OID.2.5.4.65= 133594473126687154pySd3T548hJkYS, Phone= d9b37d12604e22491616e4be43745443ceb9dc6b6c897b9b058b2c8 0169b65de, PostalCode=812001, S=Bihar, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e7 1dd7d0a, CN=UTKARSH JHA JHA Reason: I am the author of this document Location:
Date: 2026.04.13 17:20:49+05'30' Foxit PDF Reader Version: 2024.3.0 9 O.A. No. 350/835/2025 & Anr. responsibility under the land loser policy cannot be disclaimed by the Railway authorities by attributing the project to a separate corporate entity.
4.5. It is also contended that the Hon'ble High Court, vide its order dated 11.10.2023, had specifically directed the respondents to undertake an exercise identical to that carried out in earlier cases, and the respondents were thus bound to examine the claim of the applicant on the touchstone of parity with similarly situated land losers. However, the impugned order does not reflect any such exercise and merely reiterates a jurisdictional objection.
4.6. The applicant further submits that the rejection is based on grounds which do not address the core issue and fail to consider the relevant policy and judicial directions in their proper perspective.
4.7. It is further contended that the applicant derives entitlement not only as a land loser but also as a nominee being the son of the recorded land loser, and is thus eligible for consideration in terms of the applicable Railway policy and notifications issued by the competent authority. 4.8. Learned Counsel submits that despite such entitlement, the respondent authorities have failed to take any meaningful step, and such inaction on their part is arbitrary, unreasonable and unsustainable in law, warranting interference by this Tribunal.
Digitally signed by UTKARSH JHA
UTKARSH DN: C=IN, O=Personal, T=5165, OID.2.5.4.65= 133594473126687154pySd3T548hJkYS, Phone= d9b37d12604e22491616e4be43745443ceb9dc6b6c897b9b058b2c8 0169b65de, PostalCode=812001, S=Bihar, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e7 1dd7d0a, CN=UTKARSH JHA JHA Reason: I am the author of this document Location:
Date: 2026.04.13 17:20:49+05'30' Foxit PDF Reader Version: 2024.3.0 10 O.A. No. 350/835/2025 & Anr. 4.9. It is also urged that in several similarly situated cases arising out of similar acquisition process, land losers and/or their nominees have been granted appointment under the said policy after issuance of appropriate letters by the competent authorities, and such beneficiaries are presently in service. The denial of similar consideration to the applicant, despite parity in factual circumstances, is, therefore, stated to be discriminatory and violative of settled principles of equality.
CONTENTIONS OF THE RESPONDENTS
5. Per contra, Learned Counsel for the respondents has submitted that the claim of the applicant is not tenable inasmuch as the project in question is being executed by DFCCIL, which is a separate legal entity, and not by the Zonal Railways.
5.1. It is contended that the Railway Board, vide its letter dated 07.02.2018, communicated that the policy issued vide Circular dated 16.07.2010 is applicable only in respect of land acquisition for Railways and its production units and not for projects executed by Public Sector Undertakings such as DFCCIL. It is further submitted that DFCCIL has its own policies and frameworks, and the respondent Railway authorities cannot be fastened with any obligation to provide employment in such cases.
5.2. Learned Counsel for the respondents has further contended that earlier directions issued by this Tribunal, Digitally signed by UTKARSH JHA UTKARSH DN: C=IN, O=Personal, T=5165, OID.2.5.4.65= 133594473126687154pySd3T548hJkYS, Phone= d9b37d12604e22491616e4be43745443ceb9dc6b6c897b9b058b2c8 0169b65de, PostalCode=812001, S=Bihar, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e7 1dd7d0a, CN=UTKARSH JHA JHA Reason: I am the author of this document Location:
Date: 2026.04.13 17:20:49+05'30' Foxit PDF Reader Version: 2024.3.0 11 O.A. No. 350/835/2025 & Anr. including the common order dated 16.03.2020, were confined to cases arising out of land acquisition for Railway projects and were implemented in respect of those applicants who were found eligible and similarly situated, particularly in the context of the Dankuni-Furfura Sharif Railway Project considered in WPCT No. 74 of 2016. It is submitted that the present case stands on a distinct footing inasmuch as the land of the applicant was acquired for a project executed by DFCCIL, and, therefore, cannot be equated with cases of acquisition undertaken directly by the Zonal Railways. 5.3. It is further contended that DFCCIL, being a Public Sector Undertaking functioning under the Ministry of Railways, operates under a distinct legal and administrative framework and is governed by its own policies and notifications issued specifically for its projects. According to the respondents, the Circular dated 16.07.2010 issued by the Railway Board is applicable only to land acquired for Railway projects under the Zonal Railways/Production Units and cannot be extended to acquisitions made for PSUs such as DFCCIL, which are governed by separate policy regimes and statutory frameworks. 5.4. The respondents have also submitted that the notifications issued for acquisition of land for the Eastern Dedicated Freight Corridor specifically contemplated acquisition for DFCCIL, and the terms and conditions governing such acquisition are to be strictly construed in Digitally signed by UTKARSH JHA UTKARSH DN: C=IN, O=Personal, T=5165, OID.2.5.4.65= 133594473126687154pySd3T548hJkYS, Phone= d9b37d12604e22491616e4be43745443ceb9dc6b6c897b9b058b2c8 0169b65de, PostalCode=812001, S=Bihar, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e7 1dd7d0a, CN=UTKARSH JHA JHA Reason: I am the author of this document Location:
Date: 2026.04.13 17:20:49+05'30' Foxit PDF Reader Version: 2024.3.0 12 O.A. No. 350/835/2025 & Anr. accordance with those notifications. It is urged that the applicant's claim, if any, must be examined within the four corners of the said notifications, and no right can be asserted under policies framed for a different category of projects, i.e., those directly undertaken by the Railways.
5.5. It is further contended that the Railway Board has, vide subsequent clarifications including communications dated 07.02.2018 and 20.02.2024, categorically stated that the policy contained in letter dated 16.07.2010 is not applicable to land acquired for DFCCIL projects, and that appointments, if any, in such cases are to be governed exclusively by the policy of the concerned PSU. In view of such clarifications, it is submitted that the Eastern Railway has no authority or jurisdiction to consider or grant appointment in respect of land acquired for DFCCIL.
5.6. The respondents have also raised an objection as to jurisdiction, contending that DFCCIL not being a notified entity under the relevant schedule governing the jurisdiction of this Tribunal, the present proceedings are not maintainable before this Tribunal insofar as they seek to enforce any claim arising out of actions attributable to DFCCIL. It is thus urged that the claim of the applicant is misconceived, devoid of merit, and liable to be rejected.
5.7. The respondents further contend that the impugned speaking order has been passed after due consideration of the Digitally signed by UTKARSH JHA UTKARSH DN: C=IN, O=Personal, T=5165, OID.2.5.4.65= 133594473126687154pySd3T548hJkYS, Phone= d9b37d12604e22491616e4be43745443ceb9dc6b6c897b9b058b2c8 0169b65de, PostalCode=812001, S=Bihar, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e7 1dd7d0a, CN=UTKARSH JHA JHA Reason: I am the author of this document Location:
Date: 2026.04.13 17:20:49+05'30' Foxit PDF Reader Version: 2024.3.0 13 O.A. No. 350/835/2025 & Anr. relevant facts and applicable policy and does not warrant any interference by this Tribunal.
ANALYSIS
6. We have considered the pleadings and submissions of both parties and examined the records placed before us. 6.1. At the outset, it is to be noted that the scope of the present O.A. is confined to the validity of the speaking order dated 18.12.2024 passed by the respondents in purported compliance of the directions issued by the Hon'ble High Court. 6.2. From the records, it is evident that the land of the applicant was acquired under the provisions of the Railways Act for the purpose of a Special Railway Project, namely, the Eastern Dedicated Freight Corridor in the state of West Bengal. It is also not in dispute that upon such acquisition, the land vests with the Central Government.
6.3. The notification issued, vide number S.O.362(E) dated the 12th of February, 2013, by the Central Government under Section 20A(1) of the Railways Act declaring its intention to acquire such land reads as under:-
"MINISTRY OF RAILWAYS (Railway Board) NOTIFICATION New Delhi, the 12th February, 2013 S.O. 362(F)-In exercise of the powers conferred by sub-section (1) section 20A of the Railways Act, 1989 (24 of 1989) (hereinafter Digitally signed by UTKARSH JHA UTKARSH DN: C=IN, O=Personal, T=5165, OID.2.5.4.65= 133594473126687154pySd3T548hJkYS, Phone= d9b37d12604e22491616e4be43745443ceb9dc6b6c897b9b058b2c8 0169b65de, PostalCode=812001, S=Bihar, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e7 1dd7d0a, CN=UTKARSH JHA JHA Reason: I am the author of this document Location:
Date: 2026.04.13 17:20:49+05'30' Foxit PDF Reader Version: 2024.3.0 14 O.A. No. 350/835/2025 & Anr. referred to as the said Act) Central Government, after being satisfied that for the public purpose, the land, the brief description of which is given in the Schedule annexed hereto, is required for the execution of the Special Railway Project, namely, Eastern Dedicated Freight Corridor in the State of West Bengal, hereby declares its intention to acquire such land;
Any person interested in the said land may, within a period of thirty day from the date of publication of this notification in the Official Gazette, raise objection to the acquisition of such land for the aforesaid purpose under sub-section (1) of section 20D of the said Act;
Every such objection shall be made to the competent authority, namely, Additional District Magistrate (Land Acquisition), Hooghly and Burdwan. West Bengal in writing, and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard, either in person or by lead practitioner, and may, after hearing all such objections and after making such further enquiry, if any, as the competent authority thinks necessary, Ly order, either allow or disallow the objections;
Any order made by the competent authority under sub-section (2) Section 20D of the said Act shall be final;
The land plans and other details of the land covered under this notification are available and can be inspected by the interested person at the aforesaid office of the competent authority." 6.4. Thereafter, upon completion of the process under the provisions of the Railways Act, a final notification for acquisition of the land was issued by the Central Government, vide number S.O.723(E) dated the 10th of March, 2014, under Section 20E(1) of the Railways Act. The said notification reads as under:-
Digitally signed by UTKARSH JHA
UTKARSH DN: C=IN, O=Personal, T=5165, OID.2.5.4.65= 133594473126687154pySd3T548hJkYS, Phone= d9b37d12604e22491616e4be43745443ceb9dc6b6c897b9b058b2c8 0169b65de, PostalCode=812001, S=Bihar, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e7 1dd7d0a, CN=UTKARSH JHA JHA Reason: I am the author of this document Location:
Date: 2026.04.13 17:20:49+05'30' Foxit PDF Reader Version: 2024.3.0 15 O.A. No. 350/835/2025 & Anr. "MINISTRY OF RAILWAYS (Railway Board) NOTIFICATION New Delhi, the 10 March, 2014 S. 0. 123(E)-Whereas, by the notification of the Government of India in the Ministry of Railways (Railway Board) number S.O. 362(E), dated the 12 February 2013 published in the Gazelle of India. Extraordinary, Part II, Section 3. Sub-section (II), dated the 14th February, 2013 and issued under subsection of section 20A of the Railways Act, 1989 (24 of 1989, (hereinafter referred to as the said Act), the Central Government declared its intention to acquire the land specified in the Schedule annexed to the said notification for the purpose of execution, maintenance, management and operation of the Special Railway Project, namely, Eastern Dedicated Freight Corridor in the district of Burdwan in the state of West Bengal.
And, whereas, the substance of the said notification has been published in the daily local newspapers, namely, The Statesman (English), dated the 30th March, 2013 and Bartaman (Bengali) dated the 30th March. 2017 under sub-section (4) of section 20A of the said Act;
And, whereas, 76 (Seventy Six) numbers of objection have been received and all the objections have been duly heard, considered and disallowed by the competent authority, And, whereas, in pursuance of sub-section (1) of section 20E of the said Act, the Competent Authority has submitted its report to the Central Government.
And, therefore, upon receipt of the report of the competent authority and in exercise of the powers conferred by sub-section (1) of section 20E of the said Act, the Central Government hereby declares that the Land specified in the Schedule annexed hereto shall be acquired for the aforesaid purpose.
Digitally signed by UTKARSH JHA UTKARSH DN: C=IN, O=Personal, T=5165, OID.2.5.4.65= 133594473126687154pySd3T548hJkYS, Phone= d9b37d12604e22491616e4be43745443ceb9dc6b6c897b9b058b2c8 0169b65de, PostalCode=812001, S=Bihar, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e7 1dd7d0a, CN=UTKARSH JHA JHA Reason: I am the author of this document Location:
Date: 2026.04.13 17:20:49+05'30' Foxit PDF Reader Version: 2024.3.0 16 O.A. No. 350/835/2025 & Anr. And, further, in pursuance of sub-section (2) of section 20E of the said Act, the Central Government hereby declares that on publication of this notification in the Official Gazette, the land specified in the Schedule annexed hereto shall vest absolutely in the Central Government free from all encumbrances.
SCHEDULE Brief description of the land to be acquired, with or without structure, for the Special Railway Project, namely, Eastern Dedicated Freight Corridor in the State of West Bengal Name of the District:- Burdwan xxxxxxxxxxxxxxxxxxxxxx (P.No.2013/LM1/12/7/8C/427) ACHAL JAIN, Executive Director (Land & Amenities-1)"
6.5. As per Section 20E(2) of the Railways Act, upon publication of the declaration under Section 20E(1), the land vests absolutely with the Central Government free from all encumbrances. Accordingly, pursuant to the acquisition of the land, the competent authority as per the Railways Act and the Additional District Magistrate (Land Acquisition), Burdwan, vide its letter dated 17.07.2015, requested the applicant to hand over possession of the same. The said letter dated 17.07.2015 reads as under:-Digitally signed by UTKARSH JHA
UTKARSH DN: C=IN, O=Personal, T=5165, OID.2.5.4.65= 133594473126687154pySd3T548hJkYS, Phone= d9b37d12604e22491616e4be43745443ceb9dc6b6c897b9b058b2c8 0169b65de, PostalCode=812001, S=Bihar, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e7 1dd7d0a, CN=UTKARSH JHA JHA Reason: I am the author of this document Location:
Date: 2026.04.13 17:20:49+05'30' Foxit PDF Reader Version: 2024.3.0 17 O.A. No. 350/835/2025 & Anr. "Government of West Bengal District Office Of The Collector, Land Acquisition Department, Burdwan Possession Notice According to U/s. 20(1) of the Railways (Amendment) Act, 2008) Process No. 338/1-46)/LA/DFCC/Sqd-II/15 Dated: 17/7/15 District: Burdwan P.S-Memari Mouza Belut J.L. No.54 L. A. Case No. 42/2012-13(DFCC) SEAL OF THE OFFICE OF D.F.C.C. Project THE COLLECTOR, Award Serial No. 05 BURDWAN C. C. Voucher No. 05 TO:-
Name: Anirban Roy, S/o. Abir Kumar Vill:- Sarmastapur PO:- Sarmastapur PS: Memari Dist:-Burdwan You are hereby notified that pursuant to Railway Act, 1989/Railways (Amendment) Act, 2008, you as a owner/interested person have taken the compensation of the acquired land/your name as owner/interested person is awaited for identification/verification.
In these circumstances, in accordance with the Section 20(1) of the said Act you are hereby requested to handover the possession of the said land on 24.07.2015 at about 12 noon with free from all encumbrances to the Competent Authority or his authorized person.
Otherwise the law will take its own course.
Plot Details: R.S. Plot No. 2355 2358 2362
Class- Sali Sali Sali
Area - 0.01998000 0.49997200 0.52662000
Acre Acre Acre
Tree 00 00 00
Structure 00 Shallow tubewell Shallow
01 Tubewell 01
Place: Burdwan
Date: 14/07/2015
Digitally signed by UTKARSH JHA
UTKARSH
DN: C=IN, O=Personal, T=5165, OID.2.5.4.65= 133594473126687154pySd3T548hJkYS, Phone= d9b37d12604e22491616e4be43745443ceb9dc6b6c897b9b058b2c8 0169b65de, PostalCode=812001, S=Bihar, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e7 1dd7d0a, CN=UTKARSH JHA JHA Reason: I am the author of this document Location:
Date: 2026.04.13 17:20:49+05'30' Foxit PDF Reader Version: 2024.3.0 18 O.A. No. 350/835/2025 & Anr. The Competent Authority.
According to Railway (Amerdment) Act 2008 And Additional District Magistrate (Land Acquisition) Burdwan"
6.6. After taking over the possession of the said land, the applicant was issued a 'Land Loser Certificate' on 28.09.2015 which is reproduced herein below:-
6.7. The primary ground on which the respondents have rejected the claim of the applicant is that the project is being executed by DFCCIL and, therefore, the Railway Board's policy dated 16.07.2010 would not be applicable. 6.8. While the distinction sought to be drawn by the respondents between Railways and DFCCIL is noted, it cannot Digitally signed by UTKARSH JHA UTKARSH DN: C=IN, O=Personal, T=5165, OID.2.5.4.65= 133594473126687154pySd3T548hJkYS, Phone= d9b37d12604e22491616e4be43745443ceb9dc6b6c897b9b058b2c8 0169b65de, PostalCode=812001, S=Bihar, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e7 1dd7d0a, CN=UTKARSH JHA JHA Reason: I am the author of this document Location:
Date: 2026.04.13 17:20:49+05'30' Foxit PDF Reader Version: 2024.3.0 19 O.A. No. 350/835/2025 & Anr. be lost sight of that the acquisition in the present case has been effected under the Railways Act and the land so acquired vests with the Central Government for the purposes of a railway project. The mere fact that the execution of the project has been entrusted to a Public Sector Undertaking would not, by itself, be sufficient to completely oust the consideration of the applicant's claim under a policy framed by the Railway Board in respect of land losers of railway projects.
6.9. It is therefore important to see the relevant provisions under the Railways Act. Section 20-O of the Railways Act provides for the application of the National Rehabilitation and Resettlement Policy, 2007 to persons affected due to land acquisition. The said Section 20-O reads as under:-
"20-0. Application of the National Rehabilitation and Resettle- ment Policy, 2007 to persons affected due to land acquisition. The provisions of the National Rehabilitation and Resettlement Policy, 2007 for project affected families, not notified by the Government of India in the Ministry of Rural Development vide number F.26011/4/2007-LRD, dated the 31st October, 2007, shall apply in respect of acquisition of land by the Central Government under this Act."
6.10. The said policy, among other things, requires preparation of Rehabilitation and Resettlement Plan and Chapter VII therein makes elaborate provisions for Rehabilitation and Resettlement Benefits for all affected families. It envisages that, "(7.13.1) In case of a project involving land acquisition on Digitally signed by UTKARSH JHA UTKARSH DN: C=IN, O=Personal, T=5165, OID.2.5.4.65= 133594473126687154pySd3T548hJkYS, Phone= d9b37d12604e22491616e4be43745443ceb9dc6b6c897b9b058b2c8 0169b65de, PostalCode=812001, S=Bihar, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e7 1dd7d0a, CN=UTKARSH JHA JHA Reason: I am the author of this document Location:
Date: 2026.04.13 17:20:49+05'30' Foxit PDF Reader Version: 2024.3.0 20 O.A. No. 350/835/2025 & Anr. behalf of a requiring body - (a) the requiring body shall give preference to the affected families - at least one person per nuclear family - in providing employment in the project, subject to the availability of vacancies and suitability of the affected person for the employment;"
6.11. The Railway Board has accordingly formulated the Policy/Scheme for appointment of land losers affected by land acquisition for railway projects. The Railway Board's Circular RBE 99/2010 dated 16.07.2010 lays down the following:-
"भारत सरकार Government of India रे ल मं ालय Ministry of Railways (रे लवे बोड Railway Board) No. E (NG)II/2010/RC-5/1 RBE. No. 99/2010 New Delhi, Dated: 16.07.2010 The General Manager (P), All Zonal Railways/Production Units (As per standard mailing list) Sub: Appointment of land losers affected by land acquisition for railway projects.
In supersession of all previous instructions on the subject, it has been decided that Railways may call and consider applications for employment to PB-1 Pay Band of Rs 5,200-20,200 with grade pay of Rs 1,800/- only, from land losers on account of acquisition of land for the projects on the Railways (excluding those for Deposit works). Applications shall be invited, by Personnel Branch of Zonal Railways, from the land losers fulfilling the screening criteria as enumerated in para 2 below.
2. Screening Criteria:Digitally signed by UTKARSH JHA
UTKARSH DN: C=IN, O=Personal, T=5165, OID.2.5.4.65= 133594473126687154pySd3T548hJkYS, Phone= d9b37d12604e22491616e4be43745443ceb9dc6b6c897b9b058b2c8 0169b65de, PostalCode=812001, S=Bihar, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e7 1dd7d0a, CN=UTKARSH JHA JHA Reason: I am the author of this document Location:
Date: 2026.04.13 17:20:49+05'30' Foxit PDF Reader Version: 2024.3.0 21 O.A. No. 350/835/2025 & Anr.
(i) The applicant shall be a person (sole owner of land or son/daughter/ husband/wife of the sole owner) whose land or a portion thereof has been acquired for the project. In case the land is owned by more than one person, the Competent Authority, as defined in the Railway (Amendment) Act 2008/Land Acquisition Officer, will decide who shall be considered as applicant. Only one job shall be offered to an applicant from the land loser family.
(ii) It must be ensured that the displaced person has not received any land from the State Government in lieu of his/her land acquired/being acquired for the project.
3. Railway administration should request the concerned Competent Authority/ Land Acquisition Officer to issue certificate/s to those persons whose land has been acquired to facilitate proper verification of the claims.
4. An applicant claiming appointment shall be required to submit the application with his/her signatures and photos duly certified by local MP, MLA or any Gazetted Officer. Candidates shall also submit affidavits fulfilling eligibility criteria stipulated in para 2 above, duly certified by the Competent Authority/ Land Acquisition Officer. This shall be co-ordinated by respective Divisional Railway Managers.
5. The applicant should normally fulfill the eligibility and other conditions prescribed for the post against direct recruitment quota from open market. In special cases, General Manager of the Railway can relax these conditions, and in respect of educational qualifications, applicant with read/write only capability shall also be considered.
6. General Manager of the Railway in whose jurisdiction the land acquisition is to be undertaken, shall be responsible for ensuring a fair and transparent selection of candidates.
7. Once and offer of appointment has been made, no further application claiming appointment on ground of acquisition of the same piece of land shall be entertained.Digitally signed by UTKARSH JHA
UTKARSH DN: C=IN, O=Personal, T=5165, OID.2.5.4.65= 133594473126687154pySd3T548hJkYS, Phone= d9b37d12604e22491616e4be43745443ceb9dc6b6c897b9b058b2c8 0169b65de, PostalCode=812001, S=Bihar, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e7 1dd7d0a, CN=UTKARSH JHA JHA Reason: I am the author of this document Location:
Date: 2026.04.13 17:20:49+05'30' Foxit PDF Reader Version: 2024.3.0 22 O.A. No. 350/835/2025 & Anr.
8. These instructions normally will not be applicable in those cases where land acquisition process has been concluded by way of possession of land by Railway.
Please acknowledge receipt (Ravi Shekhar) Deputy Director Estt. (N) II Railway Board No. E (NG)-11/2010/RC-5/1. New Delhi, Dated: 16.07.2010." 6.12. It is relevant to note that the aforesaid Circular dated 16.07.2010 (RBE No. 99/2010) was subsequently withdrawn/revised vide RBE No. 193/2019 dated 11.11.2019. However, paragraph 5 of the said circular specifically stipulates that the revised policy shall take effect from the date of its issue, i.e. 11.11.2019, thereby making it prospective in operation. In the absence of any indication of retrospective application, it is evident that cases arising prior to the said date continue to be governed by the earlier policy. In the present case, the acquisition of land and the issuance of the Land Loser Certificate having taken place during the currency of the earlier policy, the claim of the applicant is required to be examined in the light of RBE No. 99/2010 and cannot be rejected solely on the basis of the subsequent policy change. Therefore, the contention of the respondents that no employment policy applies does not withstand scrutiny. 6.13. In this context, it is also apposite to note that the Hon'ble Supreme Court, in Anil Kumar vs. Union of India Digitally signed by UTKARSH JHA UTKARSH DN: C=IN, O=Personal, T=5165, OID.2.5.4.65= 133594473126687154pySd3T548hJkYS, Phone= d9b37d12604e22491616e4be43745443ceb9dc6b6c897b9b058b2c8 0169b65de, PostalCode=812001, S=Bihar, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e7 1dd7d0a, CN=UTKARSH JHA JHA Reason: I am the author of this document Location:
Date: 2026.04.13 17:20:49+05'30' Foxit PDF Reader Version: 2024.3.0 23 O.A. No. 350/835/2025 & Anr. (Civil Appeal No. 1998 of 2019) reported in (2019) 5 SCC 591, has held that once a policy is framed by the State, its implementation must be fair, non-arbitrary and in accordance with its object, and the authorities cannot ignore or bypass such policy while dealing with similarly situated persons. 6.14. Further, judicial pronouncements, including those noticed in Yaseen Ahmed vs. Railway Board (O.A./062/886/2023), drawing from decisions such as Manjit & Ors. vs. Union of India (order dated 29.01.2021), Abhishek Kumar Jha vs. Union of India, and Union of India vs. Shankar Prasad Deep, reiterate the settled principle that where a policy exists for grant of benefits to a defined class, its application must be uniform and non-discriminatory, and similarly situated persons cannot be denied consideration without a rational basis. The authorities are also required to act within the framework of the policy and cannot selectively apply or disregard it in individual cases. 6.15. In the present case, therefore, the issue is not merely whether the applicant is entitled to appointment as a matter of right, but whether the respondents have undertaken a proper and legally sustainable examination of the applicability of the policy in the light of the factual matrix and the directions of the Hon'ble High Court.
6.16. More importantly, the Hon'ble High Court, vide its order dated 11.10.2023, had directed the respondents to undertake Digitally signed by UTKARSH JHA UTKARSH DN: C=IN, O=Personal, T=5165, OID.2.5.4.65= 133594473126687154pySd3T548hJkYS, Phone= d9b37d12604e22491616e4be43745443ceb9dc6b6c897b9b058b2c8 0169b65de, PostalCode=812001, S=Bihar, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e7 1dd7d0a, CN=UTKARSH JHA JHA Reason: I am the author of this document Location:
Date: 2026.04.13 17:20:49+05'30' Foxit PDF Reader Version: 2024.3.0 24 O.A. No. 350/835/2025 & Anr. an exercise identical to that carried out in the cases arising out of WPCT 74 of 2016 and connected matters. The import of the said direction was that the respondents were required to examine the case of the applicant in the light of the treatment accorded to similarly situated land losers and to undertake a comparative and reasoned exercise.
6.17. However, a perusal of the impugned speaking order dated 18.12.2024 reveals that the respondents have not undertaken any such exercise. The order proceeds on a singular line of reasoning based on the involvement of DFCCIL and does not reflect any consideration of the Hon'ble High Court's direction or any analysis of whether the case of the applicant stands on a similar footing with those considered earlier.
6.18. The impugned order, therefore, suffers from non-
consideration of relevant factors and failure to comply with the specific direction issued by the Hon'ble High Court. The decision-making process, in such circumstances, cannot be said to be in accordance with law.
6.19. At the same time, this Tribunal is of the view that the question as to the applicability of the Railway Board's policy in the peculiar factual matrix of the present case requires a proper examination by the competent authority in the first instance, keeping in view the nature of acquisition, vesting of Digitally signed by UTKARSH JHA UTKARSH DN: C=IN, O=Personal, T=5165, OID.2.5.4.65= 133594473126687154pySd3T548hJkYS, Phone= d9b37d12604e22491616e4be43745443ceb9dc6b6c897b9b058b2c8 0169b65de, PostalCode=812001, S=Bihar, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e7 1dd7d0a, CN=UTKARSH JHA JHA Reason: I am the author of this document Location:
Date: 2026.04.13 17:20:49+05'30' Foxit PDF Reader Version: 2024.3.0 25 O.A. No. 350/835/2025 & Anr. land, and the relationship between the acquiring authority and the executing agency.
CONCLUSION
7. In view of the aforesaid, the impugned speaking order dated 18.12.2024 is set aside. The matter is remitted back to the respondent authorities for fresh consideration. The respondents are directed to re-examine the claim of the applicant in the light of:
the foregoing observations and discussion, the directions issued by the Hon'ble High Court in its order dated 11.10.2023, the exercise undertaken in WPCT 74 of 2016 and connected matters, and the nature of acquisition under the Railways Act, vesting of the land, and the role of the executing agency vis-a-vis the Railways.
7.1. The respondents shall pass a reasoned and speaking order after due consideration of the aforesaid aspects within a period of three months from the date of receipt of a copy of this order.
8. Both the O.A.s are disposed of in the above terms. No order as to costs.
(Diwakar Singh) (Anindo Majumdar)
Member (J) Member (A)
UJ
Digitally signed by UTKARSH JHA
UTKARSH
DN: C=IN, O=Personal, T=5165, OID.2.5.4.65= 133594473126687154pySd3T548hJkYS, Phone= d9b37d12604e22491616e4be43745443ceb9dc6b6c897b9b058b2c8 0169b65de, PostalCode=812001, S=Bihar, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e7 1dd7d0a, CN=UTKARSH JHA JHA Reason: I am the author of this document Location:
Date: 2026.04.13 17:20:49+05'30' Foxit PDF Reader Version: 2024.3.0