• Land aquisition by KIADB

Our land has been acquired through gazatte notification for laying gas pipeline of gail(india)limited, as per the laws of kiadb one of our family member should be given a suitable job as per his education.now it is nearing 5 years,till date we haven't been considered for it.please guide.Nagarajaiah.S.Golla halli,Bangalore South.
Asked 2 years ago in Property Law from Bangalore, Karnataka
Religion: Hindu
It often happens as the govt takes the citizens for granted. 
Send them a notice demanding the job or compensation in a time frame manner.
If they do not do that then move to high court in writ jurisdiction.  You will get justice.
Devajyoti Barman
Advocate, Kolkata
8160 Answers
97 Consultations

4.9 on 5.0

1) if as per laws of KIADB on acquisition of land one family member is to be given land and authority had failed to provide job file RTI application in this regard 

2) you can also file writ petition in this regard before high court to direct KIADB to give job to one member of family 
Ajay Sethi
Advocate, Mumbai
31117 Answers
1706 Consultations

5.0 on 5.0

The case of Smt. Anju and Others v. National Thermal Power Corporation(2006) 67 TTJ Delhi  182  
In this the land-losers brought a case against NTPC which
had failed to provide jobs to the land-losers as promised during acquisition of land for its
power plant. NTPC had promised to provide permanent job to at least one member of each
land-loser family. In this case also the court rejected the contention by invoking Article 14
and 16. The court held that merely a chance of choosing of somebody’s land by the
government for acquisition cannot give him a preferential treatment in terms of employment.
Ajay Sethi
Advocate, Mumbai
31117 Answers
1706 Consultations

5.0 on 5.0

Hi, you have to file a memorandum to the KIADB.

2. If they not provide suitable job to your family members then file a writ petition before the Hon'ble High Court.
Pradeep Bharathipura
Advocate, Bangalore
4261 Answers
161 Consultations

4.3 on 5.0

In the case of Ravindra Kumar v. District Magistrate58 the Allahabad Court posed three
questions along with the proposed solutions:
1. Whether the order/circular passed by the government providing for a permanent job to
one member of a land-losing family in addition to the monetary compensation, be held
valid or not?
2. Whether the entity, company or the body on whose behalf the land is acquired by the
Government, can be held bound by such an order/circular passed the government,
providing for the employment, or not?
3. Whether the entity, company or the body on whose behalf the land is acquired by the
Government, can be directed by way of issuing a writ petition to act according to the
Government order/circular?
The question was related to the validity of a GO passed by the State Government in the year
1974 making it obligatory for the entity acquiring land to provide job to at least one member
of the land-loser family in addition to the monetary compensation. The argument from the
Agra Development Authority (ADA) was that the GO was not binding to it because there is
no provision in the Central LA Act, 1894, for providing job to a land-loser.
The court held, owing to the already surplus employees in all the government departments it
is not possible to give further jobs to the members of the land-loser families; as it would be an extra burden over the pockets of tax-payers. In addition to this, providing government jobs to
the land-loser would be in violation of Article 16 of the Constitution, which guarantees equal
opportunities for government jobs to all the citizens in India. Had there been any intention of
the legislature to provide job in addition to the compensation, they would have simply
inserted a clause to that effect in the LA Act.
Ajay Sethi
Advocate, Mumbai
31117 Answers
1706 Consultations

5.0 on 5.0

1. Did you make an application for job to KIADB/GAIL, being the land loser of acquistion of your land by KIADB on behalf of GAIL.
2. If so, what was the reply you got for the same.
3. Send a legal notice to GAIL to show cause, why job is not provided to one family member of land loser.
4. Do you have the requisite qualification to be considered for a suitable job.
Shashidhar S. Sastry
Advocate, Bangalore
1368 Answers
79 Consultations

5.0 on 5.0

Have you made any representation to the government which promised you the employment opportunity?  Do you have the conditions governing  acquisition rules/guidelines in your possession? Gather all the evidences and  send a notice to the authority seeking employment on the basis of agreed conditions through your lawyer. If this notice is failing to invoke any response from the authority, you may approach high court  with a writ petition seeking its direction to the authorities to provide you the assured employment.  
T Kalaiselvan
Advocate, Vellore
21271 Answers
208 Consultations

5.0 on 5.0

1. You should issue a lawyer's notice to KIADB for not fulfilling its promise.

2. If the job is not given even after notice from your lawyer then you may move the High Court against KIADB.
Ashish Davessar
Advocate, Jaipur
20371 Answers
537 Consultations

5.0 on 5.0

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