High Court has ruled that any scheme or order for providing job in lieu of acquisition of land for public purpose except compensation for such acquisition is illegal and dismissed the plea of land owners seeking job for acquiring their land.
The landlords had approached the court seeking appointment in the Railways in lieu of acquiring their land. The land of the landlords has been acquired for the benefit of the Railways and are claiming appointment in service of the Railways.
The counsel appearing for Railways argued that the claim of the petitioners for service has been rejected as they do not fall within the ambit of the Scheme inasmuch as 75% of the land was not acquired from them.
He added that the claimants whose land is acquired by the Government are entitled to compensation in accordance with the provisions of the Land Acquisition Act or any other Act under which the land has been acquired.
“They cannot get anything in addition or in lieu of what is contemplated in laws. The Land Acquisition Act or any other Act nowhere contemplates for providing service in lieu of the acquisition of land”, he submitted before the court.
The Division Bench of Chief Justice Pankaj Mithal and Justice Sanjay Dhar while dismissing the case of the landlords referred the judgment of full bench ruled that the Land Acquisition Act is a self-contained Code in itself and, therefore, if any Government order, scheme, circular or policy provides for anything which is not contemplated under the Act, the same would be treated as illegal and ultra vires and has to be ignored.
“No writ can be issued directing the acquiring body to consider the claim in accordance with such Government orders, Circulars or Policy. In view of the aforesaid circumstances, we find no merit in the case. The same is dismissed”, DB concluded.