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Supreme Court of India 2019-02-22 allowed

Anil Kumar vs Union of India & Ors

Bench: 2 — Dhananjaya Y. Chandrachud

In Brief

A man whose residential house was fully demolished for the Ara-Sasaram Railway Project sought employment for his son under a 1983 Railway Board policy (reaffirmed in 2006) providing jobs to persons displaced due to large-scale land acquisition. The High Court rejected the claim, reasoning the policy did not apply because only a 'strip of land' was acquired and the acquisition predated 2006. The Supreme Court held that the policy's language was disjunctive—covering cases where 'large area, house or substantial livelihood' was taken away—and the demolition of an entire house satisfied the policy. The rejection on extraneous grounds violated the binding policy. The Court allowed the appeal and directed the railways to implement employment within two months with age relaxation if needed.

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Administrative Law Employment Land Acquisition Railway Policy Social Welfare Displacement

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