Komal Prasad v. South Eastern Coalfields Ltd.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2281 of 2017 Komal Prasad S/o Late Vijay Ram Patle, Aged About 30 Years R/o Village Bhilai Bazar, Tahsil Katghora, District Korba, Chhattisgarh. ---- Petitioner

Versus

1. South Eastern Coalfields Ltd., Through The Director ( Personnel ), Seepat Road, Bilaspur Chhattisgarh.

2. Chief General Manager, South Eastern Coalfields Ltd. Gavera Extension Opencast Project, Gavrea Area, District Korba (Chhattisgarh).

3. Land Revenue Officer, South Eastern Coalfields Ltd., Office Of The General Manager, Gavrea Extension Opencast Project, Gavera Area, District Korba (Chhattisgarh).

4. Union Of India, Through Secretary, Ministry Of Coal, Shastri Bhawan, New Delhi.

5. Collector, Korba, District Korba, Chhattisgarh. ---- Respondents Shri Sanjay Kumar Agrawal, counsel for the petitioner. Shri Prasoon Bhaduri, G.A. for the State.

Mrs. Purnima Singh, counsel for respondent No. 04. Shri Shailendra Shukla, counsel for respective respondents. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 24/08/17 Learned counsel for the petitioner would submit that the petitioner's land has been acquired under the provisions of Coal Bearing Act (Acquisition and Development Act), 1957 (for short the "Act of 1957") and the compensation amount has been paid to him without interest whereas he is entitled for interest on the compensation amount as per the provision of Sections 16 & 17 of the said Act. The petitioner has also made a

representation before the competent authorities but it has not been considered and decided till date.

2.

The prayer appears to be fair and reasonable. 3.

Be that as it may, the respondents No. 1, 2 & 4 are directed to consider the petitioner's representation under the light of the provision of Sections 16 & 17 of the Act of 1957 and take decision on the petitioner's representation expeditiously preferably within a period of three months from the date of receipt of copy of this order.

4.

With the aforesaid directions, the writ petition is accordingly disposed of.

Sd/- (Sanjay K. Agrawal) Judge Priyanka