Facts
The appellant’s family lands were acquired by the Government of Tamil Nadu for establishing a Thermal Power Plant, with the Tamil Nadu Electricity Board (“TNEB”) as the requisitioning body.
Source reference: paras. 1–8; pp. 2–5Statutory compensation was paid to the landowners in 2004, and alternate lands were subsequently allotted in 2010 and 2012.
Source reference: paras. 4, 7; pp. 2–4Nearly 18 years after the acquisition, members of the land-losers’ families sought employment in TNEB, alleging that employment had been promised along with alternate land.
Source reference: paras. 5–8; pp. 3–5The writ petitions were dismissed by the Single Judge on the grounds of delay and failure to establish a legal right.
Source reference: paras. 1–8; pp. 2–5The present writ appeal challenged the order dated 06.03.2024 in W.P. No. 562 of 2023.
Source reference: paras. 1–8; pp. 2–5The respondents also relied on the Division Bench judgment dated 08.06.2022 in Contempt Appeal No. 1 of 2020, which had set aside directions requiring implementation of employment-related orders.
Source reference: para. 6; p. 4Issues
Whether members of families whose lands were acquired for a public project possess an enforceable or vested right to employment in the acquiring or requisitioning authority.
Source reference: paras. 5–8; pp. 3–5Whether an employment claim made approximately 18 years after acquisition, compensation, and allotment of alternate land could be entertained despite delay and the applicants’ alleged ineligibility.
Source reference: para. 8; p. 5Whether the order of the learned Single Judge dismissing the writ petition required interference in appeal.
Source reference: para. 8; p. 5Law Applied
Compensation under the applicable land-acquisition law is a statutory entitlement, whereas employment to members of land-loser families is, at most, a concession or preferential consideration subject to the governing scheme and eligibility conditions, and not an absolute or vested right.
Source reference: para. 7; p. 4The Court further applied the principles of delay and laches, holding that an employment claim raised approximately 18 years after acquisition is unsustainable, particularly where compensation and alternate land had already been provided.
Source reference: para. 8; p. 5No specific statutory provision or judicial precedent was cited in the judgment beyond the reference to the earlier Division Bench decision in Contempt Appeal No. 1 of 2020.
Source reference: para. 6; p. 4Reasoning
The Court distinguished between the statutory right to receive acquisition compensation and the non-statutory, conditional nature of employment assistance.
Source reference: paras. 4, 7; pp. 2–4Since compensation had been paid in 2004 and alternate lands had been allotted in 2010 and 2012, the land-losers’ recognised statutory and rehabilitative benefits had already been addressed.
Source reference: paras. 4, 7; pp. 2–4The alleged promise of employment could not create an absolute right, particularly when employment was not shown to have formed part of the acquisition scheme and the claims were raised only after about 18 years.
Source reference: paras. 5–8; pp. 3–5The Court also noted that several applications were made by ineligible family members and that even eligible members could not claim employment as a vested entitlement.
Source reference: para. 8; p. 5Consequently, the Single Judge’s dismissal was found to be consistent with the applicable legal principles.
Source reference: para. 8; p. 5Holding
The Division Bench held that the appellant and other land-loser family members had no absolute or vested right to employment in TNEB.
The delayed employment claim, made approximately 18 years after acquisition and after receipt of compensation and alternate land, was unsustainable.
Source reference: paras. 8–9; p. 5Finding no infirmity in the order dated 06.03.2024 in W.P. No. 562 of 2023, the Court dismissed the writ appeal, imposed no costs, and closed the connected miscellaneous petition.
Source reference: paras. 8–9; p. 5Original Court PDF
GovindanvsTHE PRINCIPAL SECRETARY TO GOVERNMENT
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