Sundarabai Wd/O Mukunda Chatap And Others v. The Chief Managing Director, W.C.L. Coal Estate, Nagpur And ORS.

2025:BHC-NAG:1073-DB 1 9wp52.2024..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO. 52 OF 2024 (Smt. Sundarabai wd/o Mukunda Chatap and ors Vs. The chief Managing Director, WCL, Nagpur and ors) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. H.S. Chitaley, Advocate for petitioners.

CORAM : AVINASH G. GHAROTE & ABHAY J. MANTRI, JJ.

DATED : 04-02-2025 Heard Mr. Chitaley, the learned Counsel for the petitioners. The petition challenges the communication dated 2.1.2023 by which the petitioner has been informed, that he is ineligible to be granted employment on account of acquisition of land of survey No.50/3, admeasuring 3 Acres, Mouza Dhorwasa, Tahsil Bhadrawati Dist Chandrapur on 5.8.1997 from the petitioner No.1. The employment is being sought for the petitioner No. 3, who is the son of the daughter of the petitioner No. 1. A perusal of the R&R Policy 2000 would indicate, that family in relation to displaced person has been defined in clause 3.1 to mean the husband, wife, with their minor children and unmarried/widowed daughter, which has to be determined as on the date of the notification u/s 4 of the Land Acquisition Act 1894 or u/s 7(1) of the CVA Act 1957.

Considering that the petitioner No.3 is the son of the petitioner No. 2 who is the daughter of the petitioner No. 1, it is apparent that he does not fall within the definition of displaced family, as defined in clause 3.1 of the R&R Policy 2000. In that view of the matter, we do not see any reason to interfere in the impugned communication dated 20.1.2023 which denies the grant of employment to the petitioner No.

2 9wp52.2024..odt not being a linear dependent. The petition is therefore, dismissed, no costs.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) Belkhede