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Showing contexts for: Doubling Projects in Sk Yusuf vs M/O Railways on 8 August, 2023Matching Fragments
(iii) to pass such other order or orders as deemed fit in the interest of justice."
2. The brief facts of the case are that the first applicant is the father of the second applicant and is the sole and absolute owner of the property situated in Survey No.183 admeasuring 154 square meters of land with a house situated in Purna, Maharastra State. Pursuant to the proposal from the respondent-Railways for acquisition of land for construction of Parbhani-Mudkhed Double Line Railway Project, the process of acquisition of land was initiated by the authorities of the State Government of Maharastra, during the year 2015. In response to the notice issued by the Government of Maharastra for submission of claims in matters of acquisition of land, the first applicant submitted that the entire area of the land should be acquired for reasonable compensation and his son (Applicant No.2) should be given a job. The Respondent-Railways considered the claim of the applicant no.1, and acquired all the area owned by the applicant no.1, but, as far as his request for providing a job to his son (Applicant No.2) is concerned, the first applicant was informed to apply to the P a g e | 2 of 18 OA.No.021/97/2021 Railway department for the job. Final award was also passed by the Deputy Collector, Land Acquisition/Spl. Land Acquisition Officer for having acquired land from the applicants and others, and a sum of Rs.7,18,713/- was paid as compensation for the land acquired to the first applicant.
6. The applicants have further submitted that their case is well covered under RBE 99/2010, vide letter No.E(NG) ii/2010/RC-5/1, dated 16.07-2010, P a g e | 4 of 18 OA.No.021/97/2021 dated 16.07.2010, in terms of which the applicant is entitled for employment as a land loser.
7. The applicants have further submitted that non-consideration of the case of the applicants is invidious discrimination and such arbitrary action of the respondents is in complete violation of the Articles 16 and 21 of the Constitution of India. The RBE No.193 of 2019 cannot operate to divest the right of the applicants for appointment as a land loser, which has become vested with the applicants in terms of RBE No.99 of 2010, dated 16.07.2010, in view of the fact that the lands of the applicants have already been acquired by the respondents for construction of Parbhani-Mudkhed Double Line Railway Project, much prior to the revised policy in RBE 193 of 2019, dated 11.11.2019 came into existence.