Premsai v. Union Of India

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2298 of 2017 Mannuram S/o Panchram, Aged about 46 years R/o Village Chhal, Janpad Panchayat Dharamjaigarh, District Raigarh, Chhattisgarh. ---- Petitioner

Versus

1. Union of India Through Secretary, Ministry of Coal, Shastri Bhawan, New Delhi 110001.

2. South Eastern Coal Fields Limited, Through- Its Chairman Cum Managing Director, Seepat Road, Bilaspur, District Bilaspur, Chhattisgarh.

3. Sub Area Manager, Chhal Sub Area, S E C L,

4. Collector, Raigarh, District Raigarh, Chhattisgarh.

5. Sub Divisional Officer ( Revenue ), Dharamjaigarh, District Raigarh, Chhattisgarh.

---- Respondents WPC No. 2307 of 2017 Premsai S/o Bandiram Aged about 52 years R/o Village Chhal, Janpad Panchayat Dharamjaigarh, District Raigarh, Chhattisgarh. ---- Petitioner Vs

1. Union of India Through Secretary, Ministry of Coal, Shastri Bhawan, New Delhi- 110001

2. South Eastern Coal Fields Limited, Through- Its Chairman Cum Managing Director, Seepat Road, Bilaspur District Bilaspur, Chhattisgarh.

3. Sub Area Manager Chhal Sub Area, S E C L.

4. Collector, Raigarh, District Raigarh, Chhattisgarh.

5. Sub- Divisional Officer (Revenue), Dharamjaigarh, District Raigarh, Chhattisgarh.

---- Respondents

WPC No. 2311 of 2017 Surendra Singh S/o Bedram, Aged about 36 years R/o Village Chhal, Janpad Panchayat Dharamjaigarh, District Raigarh, Chhattisgarh. ---- Petitioner Vs

1. Union of India Through Secretary, Ministry of Coal, Shastri Bhawan, New Delhi 110001

2. South Eastern Coalfields Limited, Through Its Chairman Cum Managing Director, Seepat Road, Bilaspur, District Bilaspur, Chhattisgarh.

3. Sub - Area Manager, Chhal Sub Area, S.E.C.L.

4. Collector, Raigarh, District Raigarh Chhattisgarh.

5. The Sub Divisional Officer (Revenue) Dharamjaigarh, District Raigarh, Chhattisgarh.

---- Respondents AND WPC No. 2310 of 2017 Satish Kumar Rajput S/o Shri Chatur Singh, Aged about 30 years R/o Village Chhal, Janpad Panchayat Dharamjaigarh, District Raigarh, Chhattisgarh.

---- Petitioner Vs

1. Union of India Through Secretary, Ministry of Coal, Shastri Bhawan, New Delhi 110001.

2. South Eastern Coal Fields Limited, Through Its Chairman Cum Managing Director, Seepat Road, Bilaspur District Bilaspur, Chhattisgarh.

3. Sub Area Manager, Chhal Sub Area, S E C L.

4. Collector, Raigarh, District Raigarh, Chhattisgarh.

5. Sub Divisional Officer ( Revenue ), Dharamjaigarh, District Raigarh, Chhattisgarh.

---- Respondents For Petitioners :

Shri Shishir Dixit, Advocate.

For Respondents :

Shri Shailendra Shukla, Advocate.

For State :

Shri Prasoon Bhaduri, G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 28/08/17 Learned counsel for the petitioners would submit that the petitioners' land has been acquired by the respondent No. 2, South Eastern Coal Fields Limited, under the provisions of Coal Bearing Act (Acquisition and Development Act), 1957 (for short the "Act of 1957") in lieu of which neither compensation has been paid to the petitioners nor rehabilitation has been provided to them till date. The petitioners have also made representations before the competent authorities but it has not been considered and decided till date and, therefore, directions may be issued to the respondents to decide the same expeditiously.

2.

I have heard learned counsel for the petitioners. 3.

The prayer appears to be fair and reasonable and is accordingly allowed.

4.

Be that as it may, the respondents No. 2 & 3 are directed to consider and decide the petitioners' representations strictly in accordance with law within a period of three months from the date of receipt of copy of this order. 5.

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

Sd/- (Sanjay K. Agrawal) Judge Priyanka