WPPIL/49/2014 of Naini Saini Gramin Vikas Samiti Vs State Of Uttarakhand AND OTHERS

WPPIL No. 49 of 2014Hon’ble Rajiv Sharma, J.Hon’ble Lok Pal Singh, J.

Mr. Piyush Garg, Advocate for the

petitioner.

Mr. Pankaj Purohit, Dy.A.G. for the

State.

The State Government has issued notification under Section 4 of the Land Acquisition Act on 06.03.1992 for construction of runway in the name of “Naini Saini Runway.” The runway was completed in the year 2006. The land of the members of the petitioner-society was acquired by holding private negotiations. The District Magistrate on 09.05.2006 has assured the villagers whose land was acquired that their family members will be offered public employment.

It is surprising, despite that categorical assurance held out to the villagers, they have not been offered any public employment.

The State Government has devised very unique method to deprive the poorest of poor villagers of their land by holding out the promise and thereafter, wriggling out of duty. The gullible villagers have been taken for ride. The assurances were held out to them through public functionary i.e. District Magistrate but till date no concrete action has been taken on the assurance held out on 09.05.2006.

Learned counsel for the State submits that the State is seized of the matter. The State must show sensitivity in these matters. The villagers have given their land on the basis of private negotiations and assurances held out by State functionary who is not below the rank of the District Magistrate.

The State Government in its counter affidavit has admitted that the matter is still lying with the State Govt. The State Government should have taken final decision by now though, 12 years have elapsed.

The property of citizen cannot be taken away, save in accordance with law as per Article 300-A of the Constitution of India. The assurance held out was part of the valid consideration. The same cannot be denied by the State Government.

Accordingly, the writ petition is disposed of and the respondent-State is directed to take final decision on the basis of promise held out to the villagers on 09.05.2006 within ten weeks from today and consider offering appointments to the villagers positively whose land was acquired for the construction of Naini Saini Runway.

Pending application, if any, also stands disposed of.

NISHANT

(Lok Pal Singh, J.) (Rajiv Sharma, J.) 15.06.2018