R.A.Sharma, J. - (1.) GOVERNMENT of U. P., vide its D. O. dated 21-9-1991 has laid down a general policy providing for employment to atleast one person from a family, whose land has been scquired for a public purpose and the employment has to be given by the Department, authority or the person for whose benefit the land is acquired. It has also been mentioned in the D. O that in future whenever land is acquired, a. provision for giving employment to alteasr one member of the family, whose land has been acquired, should be incorporated in the agreement under section 41 of the Land Acquisition Act thereinafter referred to as the Act). Foliowing the above D. O., Board of Revenue, U. P. has also issued a similar direction to all District Magistrates specifically providing for incorporation of such provision in the agreement, which is to the executed under section 41 of the Act.
(2.) PETITIOEER, whose land was acquired by the Government for Gorakhpur Development Authority (hereinafter referred to as the Authority), made application for his employment before the Authority in pursuance of the above policy decision of the Government. Recommendations in favour of the petitioner were also mads for giviog him employment; but he was not appointed inspite of various representations made by him in this connection before the Authority from time to time. [Having failed to get an appointment, he has filed this writ petition for write of mandmus. directing the Authority to ensure the compliance of the policy decision contained in the D. O., issusd by the Government and to appoint him to any appropriate post for which he may be eligible. The Authority has filed a counter affidavit and the petitioner has tiled rejoinder affidavit in reply thereto,. I have heard learned counsel for the parties. It is admItted in the counter affidavIt that petItioner's land has been acquired by the Government for the AuthorIty. The case set up by the AuthorIty in Its counter affidavIt is that there is neIther any regular vacancy against which the petItioner court be appointed nor is It in a posItion to pay the salary due to severe financial strains through which It is passing. That apart, learned counsel for the AuthorIty has submItted that the policy decision of the Government is not binding on the AuthorIty and is not under any legal obligation to give emloyment to a person, whose land has been acquired for Its benefIt PetItioner has disputed the above assertions and has also stated that various appointments have been made even after the acquisItion of his land.
(3.) BY virtue of powers, conferred on it by the Act, the Government acquires the land and hands over its possession to the Department or the Authority for whose sake land is acquired. Land is the source of livelihood of vast population of this country and if it is acquired by the Government, its owner is definitely deprived of the source of livelihood and grant of compensation under the Act, though may give him some solace; cannot be substitute of the land, which has been acquired, it is on this ground that the Government, which runs welfare State and his responsible for the well being of the people, has laid down the policy by the above D, O. nroviding for employment against inferior post to atleast one person of the family, whose land has been acquired. The decision of the Government is fully in consonance with the concept of the welfare state and the provisions of the Constitution. Such a decision is liable to be respected by the Department or the authority for whose benefit the land is acquired by the Government. Government is not bound to acquire the land under the Act. The Government, being the Government of welfare State, can very well impose a condition of giving employment to a person, whose land is acquired. It is open to the Authority not to accept such a condition and in that case it will not be obligatory on the Government to acquire the land for the benefit of that Authority. Such a condition can also be incorporated in an agreement, which is required to be executed under Section 41 of the Act. The policy decision of the Government is binding on the Authority and it is required to give employment to the person, whose land has been acquired. That apart, the Authority is also State within the meaning of Article 12 of the Constitution. Such an Authority has also to act in accordance with the principles of welfare State. If it has taken over the land of a person and has deprived him of his source of livelihood, it is its duty to provide him with alternative source of livelihood by giving him employment. It is not open to it to say that it is not bound by the above policy decision of the Government.;