Om Prakash v. South Eastern Coalfields Ltd. And ORS

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No.

Om Prakash S/o Shri Ram Bharos, Aged about 33 years, Occupation Unemployed, Caste Panika, Resident of Haldi Badi, Chirmiri, Baikunthpur, District Koria, Chhattisgarh ---- Petitioner

Versus

1.

South Eastern Coalfields Ltd., Through: the Chairman-cum-Managing Director, Seepat Road, Bilaspur, Chhattisgarh 2.

Chief General Manager, South Eastern Coal Fields Ltd., Baikunthpur Area, District Koria, Chhattisgarh 3.

Deputy Area Manager, South Eastern Coal Fields Ltd. Jhilmili (Pandopara) Baikunthpur, District Koria, Chhattisgarh 4.

Personnel Manager (Man Power), South Eastern Coal Fields Ltd., Bilaspur, Seepat Road, Bilaspur, District Bilaspur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Ashok Kumar Shukla, Advocate For Respondents/SECL :

Mr. H.B. Agrawal, Sr. Advocate along with Mr. Vinod Deshmukh, Advocate and Mr. Vivek Chopda, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 25/06/2020 1.

The present writ petition has been filed claiming for the relief of firstly grant of employment with the respondents in lieu of the land belonging to the grand father of the petitioner, which was acquired. Secondly, for grant of compensation against the said acquisition of land. 2.

Learned counsel for the petitioner at the outset very fairly concedes that as of now he is not pressing his claim for employment with the respondents and he confines his claim only so far as the releasing of the compensation in respect of the property acquired by the respondents and which according to the petitioner his family has not any compensation.

3.

At this juncture, learned Senior counsel appearing for the respondents submits that the disbursement of the compensation, if any, will now have to be done by the Tribunal as the petitioner or the concerned person entitled for compensation at the relevant point of time did not furnish the requisite formalities for releasing of the compensation. That subject to the petitioner approaching the Tribunal, the compensation part, if it has not been released till now, can still be released to be petitioner.

4.

Given the said submission by the counsel for the respondents/SECL and also taking note of Annexure P/2 dated 23.09.1999 and Annexure R/1 dated 19.05.2007, whereby it has been informed to the grandfather of the petitioner that so far as the releasing of the compensation part if any, for the same he would now have to approach the Tribunal concerned.

5.

Given the said submissions by the counsel for the parties, this Court is of the opinion that let the petitioner now approach the concerned Tribunal and subject to his furnishing the requisite formalities, the payment of compensation, if not till date paid to the petitioner or any of his family members, the same be released to the petitioner at the earliest. It is also expected that the officers of the respondents/SECL shall also render full cooperation to ascertain the entitlement of the petitioner for the same.

6.

With the aforesaid observations, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Ved