Anup Kumar Kanvar v. South Eastern Coal Fields Ltd.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.2716 of 2016 Anup Kumar Kanvar S/o Amrit Lal Kanvar, Aged About 27 Years R/o Village Jhabar, Post Office Dipka, P. S. Dipka, Tahsil Katghora, District Korba (Chhattisgarh) ---- Petitioner

Versus

1.

South Eastern Coal Fields Ltd. Through Its Chairman & Managing Director Dipka Area, P. O. Dipka, District Korba (Chhattisgarh) 2.

Chief General Manager, S E C L, Dipka Project, Distt. Korba (Chhattisgarh) 3.

Roshan Singh S/o Balwant Singh, Aged About 24 Years R/o Gram Panchayat Makhanpur, Sub Tahsil Pali, District Korba (Chhattisgarh) 4.

The Sub Divisional Officer, Katghora, District Korba (Chhattisgarh) 5.

Additional Tahsildar Katghora, District Korba (Chhattisgarh) 6.

Collector Korba, District Korba (Chhattisgarh) 7.

Sub Divisional Officer, Katghora, District Korba (Chhattisgarh) ---- Respondents For Petitioners :

Shri Basant Kaiwartya, Advocate For Respondent/SECL :

Shri H.B. Agrawal, Senior Advocate with Shri Pankaj Agrawal, Advoacte For Respondent/State :

Shri Ajit Singh, P.L.

Hon'ble Shri Manindra Mohan Shrivastava, J Order on Board 02/08/2016 Heard.

1.

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.

2.

Learned counsel for the petitioner submits that the land belonging to the father of the petitioner was acquired by respondents. According to him, there exists policy dated 25/09/91 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 he is the son of Amrit Lal Kanwar, whose 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.

3.

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.

4.

The petitioner is the son of one Amrit Lal Kanwar, 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 way back on 01/03/2012.

5.

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. 6.

The petition is finally disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Tiwari