Rahul Jaiswal v. South Eastern Coalfields Limited

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4560 of 2016 • Rahul Jaiswal S/o Shesh Narayan Jaiswal Aged About 24 Years R/o M Q/ 127 Shaktinagar, Gevra Project, Deepka, 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. Gevra Project, Distirct Korba Chhattisgarh

3. Senior Manager ( Mining), S.E.C.L. Gevra Project, Distirct Korba Chhattisgarh

4. Sub Divisional Officer, Katghora, Distirct Korba Chhattisgarh

5. Additional Tahsildar, Katghora, Distirct Korba Chhattisgarh

6. Collector, Korba, District Korba Chhattisgarh ---- Respondents --------------------------------------------------------------------------------------------------- For Petitioner :

Mr. Basant Kaiwartya, Advocate For Respondents/SECL :

Mr. H.B. Agrawal, Sr. Advocate along with Mr. Pankaj Agrawal, Advocate For Respondents/State :

Mr. Chandresh Shrivastava, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 07/09/2016 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 grand father 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 he is the grandson of Balkrishna Jaiswal, 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 grandson of one Balkrishna Jaiswal, whose land is acquired. The petitioner has applied and there are documents to show that various certificates, verifications have already been processed.

5.

Therefore, the claim of the petitioner does not appear to be 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 a copy of this order.

6.

The petition is finally disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Chandra