Awej Mohammad Meman v. South Eastern Coalfields Limited

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 640 of 2017 Awej Mohammad Meman S/o Tar Mohammad Meman, Aged About 45 Years R/o Bichchipara, Nevsa, Tahsil Pali, District Korba, (Chhattisgarh) ---- Petitioner

Versus

1. South Eastern Coalfields Limited Through: Its Chairman And Managing Director, Head Office, Basant Vihar, Seepat Road, Bilaspur, District Bilaspur (Chhattisgarh)

2. Chief General Manager, S.E.C.L., Dipka Project, District Korba, (Chhattisgarh)

3. Senior Manager ( Mining), S E C L, Dipka Project, District Korba, (Chhattisgarh)

4. Sub Divisional Officer, Katghora, District Korba, (Chhattisgarh)

5. Additional Tahsildar, Katghora, District Korba, (Chhattisgarh)

6. Collector, Korba, District Korba, (Chhattisgarh) ---- Respondents For Petitioner : Mr. Basant Kaiwartya, Advocate For State/Respondents : Mr. H.B. Agrawal, Sr. Advocate with Mr. Pankaj Agrawal, Advocate and Mr.Gary Mukhopadhyay, Dy.G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 07/02/2017 1.

Heard.

2.

The petitioner is aggrieved by inaction on the part of the

respondents in considering petitioner's claim for grant of employment in lieu of acquisition of land to him.

3.

Learned counsel for the petitioner submits that the land belonging to the grandfather of the petitioner was acquired by respondents. According to him, there exists policy dated 25.09.1991 which is still in force. There is a provision for grant of employment in lieu of acquisition of land either to the person whose land was acquired or his nominee. Learned counsel submits that his land has been acquired. Despite specific representations made from time to time and all verifications completed by revenue authorities and submitted to the respondent authorities of SECL, no decision has been taken nor employment is being provided.

4.

From the pleadings and documents which have been placed on record, it is found that there exists a policy dated 25.09.1991 under which, there is provision for grant of employment to one member of the family of the person whose land has been acquired. 5.

The petitioner, whose land is acquired. The petitioner has applied and there are documents to show that various certificates, verifications have already been processed and sent from the office of Sub-Divisional Officer Katghora to the General Manager, SECL Dipka.

6.

Therefore, the claim of the petitioner does not appear to the frivolous and directions can be issued to respondents No.1 and 2 to

consider the claim and take appropriate decision thereupon as early as possible preferably within a period of four months from the date of receipt of copy of the order.

7.

Accordingly, the writ petition is finally disposed off. Sd/- (Sanjay K. Agrawal) Judge L/-