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Patna High Court

Sidheshwar Singh @ Sidheshwar PrasadversusThe Union of India

Decided
Disposal
DISPOSED

Holding

The policy of granting employment in lieu of land acquisition cannot prevail over the statutory provisions of the Land Acquisition Act, 1894; therefore, the petitioners are not entitled to railway employment.

Summary

The petitioners, four landowners whose dwelling houses were acquired by Indian Railways, filed a writ petition seeking employment in the railway under the ‘Land for Job’ policy, claiming they were physically displaced. They relied on earlier High Court orders and argued that the railway should appoint one person per family whose land or residence was acquired. The respondents, including the Union of India and the State of Bihar, contended that no such right exists. The High Court referred to the Supreme Court’s decision in Sanjeev Kumar v. State of Haryana (2025), which held that the policy of granting jobs in lieu of land acquisition is illegal and cannot override the Land Acquisition Act, 1894, which provides only monetary compensation. Accordingly, the court dismissed the petition and directed the petitioners to seek recalculated compensation based on current market value rates. The writ petition was therefore disposed of.

Issues considered

  • Whether the railway’s ‘Land for Job’ policy creates a statutory right to employment for persons whose land or residence has been acquired.
  • Whether the Supreme Court’s ruling in Sanjeev Kumar v. State of Haryana supersedes the railway’s policy and earlier High Court decisions.
  • Whether petitioners are entitled to employment after a lapse of more than 18 years since the land acquisition.

Legislation cited

Subjects

  • land acquisition
  • employment in lieu of land
  • Railway policy
  • compensation
  • statutory provision
  • Supreme Court precedent
  • Article 14
  • displacement
  • Market Value Rate

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.19506 of 2021
     ======================================================
1.    Sidheshwar Singh @ Sidheshwar Prasad S/o Sheopujan Singh R/O Village -
      Mahavir Tola Chulhaichak, Dhanauth, P.O. - Sahaynagar, P.S. - Danapur,
      District- Patna.
2.   Vinod Kumar S/o Baijnath Prasad R/O Village - Mahavir Tola Chulhaichak,
     Dhanauth, P.O. - Sahaynagar, P.S. - Danapur, District- Patna.
3.   Baikunth Kumar S/o late Rajeshwar Singh R/o Ranipur Main Road,
     Phulwarisharif, P.O. - Ranipur, P.S. - Phulwarisharif, District- Patna.
4.   Mohan Thakur S/o late Sadhu Thakur R/O Village - Mahavir Tola
     Chulhaichak, Dhanauth, P.O. - Sahaynagar, P.S. - Danapur, District- Patna.

                                                                  ... ... Petitioner/s
                                     Versus
1.   The Union of India through Chairman, Railway Board, Rail Bhawan, New
     Delhi.
2.   The State of Bihar through Chief Secretary, Government of Bihar, Patna.
3.   Chief Engineer (Construction), East Central Railway, Mahendru Ghat,
     Patna.
4.   Deputy General Manager, East Central Raiway, Danapur.
5.   Chief Administrative officer, East Central Railway, Hajipur, Vaishali.
6.   District Magistrate, Patna.
7.   District Land Acquisition Officer, Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s    :      Mr. Vishal Saurabh, Advocate
                                    Ms. Kumari Anjali, Advocate
                                    Mr. Sikandar Kumar Yadav, Advocate
     For the U.O.I.          :      Mr. Shivaditya Dhari Sinha, Advocate
     For the State           :      Mr. Raj Kishore Roy (GP-18)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
     ORAL JUDGMENT
     Date : 31-01-2026
                    Heard Mr. Vishal Saurabh, learned counsel

      appearing on behalf of the petitioners; Mr. Shivaditya Dhari

      Sinha, learned counsel for the Union of India and Mr. Raj

      Kishore Roy, learned GP-18 for the State.

                      2. The petitioners in paragraph no. 1 of the present
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         writ petition have sought, inter alia, following relief(s), which is

         reproduced hereinafter:-

                                      "(I) For direction to the official Respondents to
                         provide job by way of appointment as per their policy
                         decision/Guideline taken by Respondent Authorities to
                         provide job in Railway to one person per family whose 50%
                         land or 0.2 Acres which ever less has been acquired or
                         whose residential accommodation is acquired shall be
                         treated to have been physically displaced or their livelihood
                         materially affected shall be given employment in the
                         Railway and as the pucca house of the petitioners have
                         been acquired hence they are entitled to get job in Railway.
                                      (II) For direction to the official Respondents to
                         provide job in the Railway in light of the order dated
                         27.9.12 passed in CWJC No. 8283/05 (Amod Kumar & Ors.
                         Vs. Union of India & Ors.) and in CWJC No. 15820/07
                         (Yadunandan Prasad & Ors. Vs. U.O.I.& Ors.) dated
                         10.10.12 passed by Hon'ble Mr. Justice Ajay Kumar
                         Tripathi.
                                      (III) For further direction to the official
                         Respondents that they should adopt same parameters in
                         giving employment to the petitioners as has been done in
                         the case of Sonepur end, there shall be no discrimination in
                         providing job to the displaced persons on the ground of
                         territorial jurisdiction or delay occurred due to latches and
                         negligence on the part of official Respondents.
                                      (IV) The Respondent Authorities be further
                         directed that they cannot improvise Article 14 of the
                         Constitution of India according to their own convenience
                         and they cannot adopt pick and choose method in providing
                         job to the similarly situated persons as has been done in
                         case of Sonepur end and other similarly situated persons of
                         Patna end.
                                      (V) For that Railway Authority cannot deny job
                         on false ground that the land of the petitioners which have
                         been acquired is less than 20 decimalas a matter of fact
                         residential accommodation of petitioners have been
                         acquired and as such petitioners are entitled to get job
                         according to their own guideline of Railway.
                                      (VI) For that the Railway Authority can not
                         deny the appointment of petitioners and their wards only on
                         the ground that they have less qualification, as a matter of
                         fact, this appointment is not a general appointment rather it
                         is a special appointment and if at all it is required then
                         petitioners shall be given time to procure the said
                         qualification and thereafter confirm their appointment,
                         instead of rejecting their claim."
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                     3. The petitioners are aggrieved in the background of

         the promise made on behalf of the Indian Railway, having not

         fulfilled being denied of job in lieu of land acquired by the

         Railway, over which, dwelling house of the petitioners have

         existing.

                     4. Respondents have filed their counter affidavit and

         supplementary counter affidavit including the Union of India

         that no steps have been taken after dispossession of the

         petitioners from their dwelling house for providing them job or

         providing them any alternative place to reside.

                     5. Heard the parties.

                     6. The controversy in respect of giving employment

         by the Indian Railway to the persons whose lands have been

         acquired in view of the guidelines issued under the signature of

         General Manager, Indian Railway on the basis of report

         submitted by 'Four Member Committee' headed by the

         Chairman of the Railway Board and other distinguished office

         holders, commonly known as 'Land for Job' has now finally

         been settled by the Apex Court vide order dated 07.11.2025 in

         Special Leave to Appeal (C) No(s). 30798 of 2025 (Sanjeev

         Kumar vs. the State of Haryana & Ors.). The Hon'ble Supreme

         Court has deprecated the policy decision, particularly, in respect
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         of giving job in lieu of the land acquired having held that the

         same can not prevail over the statutory provision holding the

         action of the authority to be illegal and in paragraph nos. 2 and 3

         of the aforesaid order, the Apex Court has held has follows:

                                      "2. The land of the family of the petitioner is
                         said to have been acquired in the year 1998 under the
                         provisions of Land Acquisition Act, 1894 (‘the Act’). The
                         family of the petitioner was awarded compensation and the
                         same was also paid. The petitioner who was not even born
                         at the time when the land was acquired, in the year 2025,
                         applied for a job in lieu of the acquired land. The request
                         was rejected and the petition filed by the petitioner seeking
                         job in lieu of the land was also dismissed.
                                      3. Under the provisions of the Act, on the land
                         being acquired, the petitioner or his family is entitled only
                         to the compensation which has already been paid. There is
                         no provision for grant of job in lieu of the acquired land.
                         The policy decision, if any, of giving job in lieu of the
                         acquired land cannot prevail over the statutory provisions
                         and as such, we find no error or illegality on the part of the
                         authorities and the High Court in dismissing the claim of
                         the petition for job, which was filed after more than 18
                         years of the framing of the policy."


                     7. The Constitution of India don't provide such action

         to be legal in any manner.

                     8. In view of the above law laid down by the Apex

         Court, without going into the merits of the case or directing the

         any of the investigating agency to take action against the

         General Manager of the Railway or the policy maker, based on

         the advise of the 'Four Member Committee' report. I find that

         the petitioners, who have been deprived of their dwelling house,

         are required to be paid due compensation in accordance with the
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                      statutory provision on the basis of the prevailing M.V.R.

                      prevailing in the area by calculating compensation over and

                      above the amount of award on the basis of M.V.R. prevailing in

                      the area at the time of acquisition. The petitioners may approach

                      the authority concerned for recalculation on account of the

                      compensation on the basis of the present M.V.R. in the area

                      having been deprived of due compensation on account of void

                      policy.

                                  9. With aforesaid observation/direction, the present

                      writ petition stands disposed of.




                                                 (Purnendu Singh, J)
Niraj/-
AFR/NAFR                A.F.R.
CAV DATE                N/A
Uploading Date          10.02.2026
Transmission Date       N/A


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