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1 - 8 of 8 (0.28 seconds)The Land Acquisition Act, 1894
Article 226 in Constitution of India [Constitution]
Butu Prasad Khumbhar & Ors vs Steel Authority Of India Ltd. &Ors on 30 March, 1995
12.Learned Counsel for the petitioner relied upon the judgment of
the Hon'ble Supreme Court in the case of Butu Prasad Kumbhar Vs. Steel
Authority of India Ltd. reported in 1995 Supp. (2) SCC 225. The question
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W.P.(MD) No.5839 of 2013
arose before the Hon’ble Supreme Court was whether the Public Sector
Undertakings were bound to give employment to all the erstwhile residents
and their descendants or to treat them preferentially for employment if they
were displaced due to the establishment of the industry of the Public Sector
Undertaking. More than 20,000 Acres of land were acquired under the Land
Acquisition Act for Rourkela Steel Plaint, one of the largest Steel Plants in
India. A Scheme was formulated to give employment to the members of
family who were displaced on account of the establishment of Steel Plant.
The Hon'ble Supreme Court found that there was no Scheme for employing
every displaced person and therefore, dismissed the writ petition filed by a
member of displaced family under Article 32 of the Constitution of India. In
Para Nos.6 and 7 of the above judgment, the Hon'ble Supreme Court has
observed as follows :
Article 32 in Constitution of India [Constitution]
Article 14 in Constitution of India [Constitution]
The Chairman, Tamil Nadu Electricity ... vs Arulnathan And Ors. [Alongwith W.A. No. ... on 26 June, 2003
13.The learned counsel for the petitioner has relied upon the
judgment of the Division Bench of this Court in the case of the Chairman,
Tamil Nadu Vs. Arulnathan And Others [2003 (3) MLJ 726] and another
judgment in the case of Chairman, Neyveli Lignite Corporation, Neyveli,
Cuddalore District v. D.Visweswaran and another reported in 2007 (8)
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W.P.(MD) No.5839 of 2013
MLJ 461. It is to be noted that the Hon’ble Division Bench has categorically
observed that, in matters of employment of persons who were displaced by
acquisition of lands, no right is conferred to such persons to seek for
employment under Article 21 of the Constitution of India or under any law. It
was further observed that the land owners, whose lands were acquired, are
only entitled to compensation. If a scheme for employment of one person
from one family of land owners is framed, it may confer right for considering
the request for employment by families of displaced. Except a scheme that
may be formulated at the time of acquisition, it cannot be said that there was
a promise to the members of displaced families so as to bring promissory
estoppel. In the present case, it is not the case of the petitioner that there was
a promise at the time of acquiring the petitioner's lands or there was a
scheme framed by the Government or Public Sector Undertakings that while
acquiring the lands, employment guarantee was given to the members or
descendants of persons who lost their lands, which was acquired for the
Public Sector Undertakings for their projects. However, by virtue of
subsequent orders of Government, in compliance of directions of
Government, respondents have issued the recruitment notification
specifically earmarking/reserving a particular post under the category of land
given case.
The Chairman, Neyveli Lignite ... vs D. Visweswaran And The Collector on 19 August, 2006
The learned counsel tried to stress the observation of Hon'ble
Division Bench in Para No. 23 of the judgment in D.Visweswaran's case
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reported in 2007 (8) MLJ 461, which reads as follows:
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