B.S.Chauhan, J. - (1.) This special appeal has been preferred against the Judgment and order of the learned Single Judge dated 07/10/2005 by which the writ petition seeking employment in lieu of the land acquired under the provisions of Land Acquisition Act, 1894 (hereinafter called the Act) has been dismissed In view of the judgement of the Full Bench of this Court in Ravindra Kumar v. District Magistrate, Agra and Ors. (2005) 1 UPLBEC 118.
(2.) The facts and circumstances giving rise to the case as narrated by the appellants are that in 1978, notification under Section 4 (1) of the Act was Issued in respect of the land measuring 9.921 Acres including the land of the appellants in Plot No. 23 measuring 0.13.3, Plot No. 39 measuring 0.17.17 and Plot No, 15/2 measuring 1.12.14. The land at that time was owned and possessed by one Sri Swaroop the grand father of appellants. At the time of acquisition of plots, appellants were minor and after attaining the majority they first filed an application on 11/6/2004 claiming compassionate employment in pursuance of the Government Orders dated 15/6/1985 (Annex-2) , 12/5/1988 (Annex-3) , 22/10/1992 (Annex-4) and 29/2/1995 (Annex-5) which provide that in certain cases a member of the family whose land has been acquired can be given employment. As the same was denied, they approached this Court by filing the writ petition in September, 2005 which has been dismissed In view of the aforesaid Full Bench judgment. Hence this appeal,
(3.) Shri S.K. Verma, learned Senior Counsel assisted by Shri Siddhartha Varma submitted that the said Government Orders had been Issued for the benefit of those persons, who were deprived of their livelihood by virtue of acquisition of their land under the Act and the said judgment of the Full Bench does not lay down the correct law in view of the fad: that certain arguments particularly, the effectiveness of Government Order issued under Article 162 of the Constitution of India has not been considered therein. He, therefore, submitted that the appeal deserves to be allowed and the judgment and order dated of the learned Single Judge should be set-aside.;