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High Court Of ChhattisgarhWPC/738/2018disposed off

Shri Harnarayan Rathore v. The Chief General Manager, South Eastern Coalfields Limited (Secl)

2018-03-19Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 738 of 2018 Shri Harnaranay Rathore, S/o Late Shri Hiraram Rathore, aged about 60 years, R/o Plot No. 295, Transport Nagar, District Korba (C.G.) ---- Petitioner

Versus

1. The Chief General Manager, South Eastern Coalfields Limited (SECL) Seepat Road, Post Box No. 60, Bilaspur, District - Bilaspur (C.G.)

2. Area Manager, South Eastern Coalfields Limited (SECL) Sub Area Mnager, Gevra Project, Post Office Gevra, District Korba (C.G.)

3. Manager, SECL Gevra Project, Post Office Gevra, District Korba (C.G.)

4. The Sub Divisional Officer, Revenue Katghora,District Korba (C.G.)

5. The Collector, Korba, District Korba (C.G.) ---- Respondents For Petitioner : Mr. Ashutosh Shukla, Advocate.

For Respondents/SECL : Mr. Sudhir Bajpai, Advocate. For State : Mr. Avinash Singh, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 19/03/2018 (1) Learned counsel appearing for the petitioner would submit that the petitioner's land has been acquired by the South Eastern Coalfields Limited under The Coal Bearing Areas (Acquisition and Development) Act, 1957 (henceforth 'Act, 1957') and though the compensation has been assessed but it has not been paid to the petitioner. He submits that by the impugned order, pursuant to the order passed by this Court in WPC No.2525 of 2017 decided on 12.09.2017, petitioner's representation has been rejected.

(2) Per contra, counsel for the SECL would submit that the Tribunal is constituted under the Section 14 of the Act, 1957 for determining the proper compensation. (3) I have heard learned counsel appearing for the parties. (4) Be that as it may, the petitioner is at liberty to make representation under Section 14 of the Act, 1957 before the jurisdiction Tribunal for determination of the proper compensation in accordance with law and, in turn, the same is directed to be decided in accordance with law expeditiously.

(5) With the aforesaid observations, the writ petition stands finally disposed of. Sd/- (Sanjay K. Agrawal) Judge D/-