Vijay Kumar v. South Eastern Coalfields Ltd.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.5978 of 2016 Anil Kumar, S/o Shri Chandrika Prasad, aged about 42 years, Katghora, Civil & Revenue, District Korba (CG). WPS No. 6035 of 2016 Ravindra Kumar, S/o Shri Ishwar Prasad, aged about 45 years, R/o Village Bhathora, Post Office Bhilaibazar, Police Station Managing Director, Seepat Road, Bilaspur , Civil & Revenue

WPS No. 6036 of 2016 Roopnarayan, S/o Shri Chandu Lal, aged about 45 years, R/o Village Bahanpath, Post Office Bhilaibazar, Police Station WPS No.6037 of 2016 Yogendra Kumar, S/o late Shri Kishori Lal, aged about 43 years, Katghora, Civil & Revenue District Bilaspur (CG).

WPS No. 6039 of 2016 Bhola Das, S/o Shri Janjal Das @ Jaglal Das, aged about 43 years, R/o Village Bahanpath, Post Office Bhilaibazar, Police Station Katghora, Civil & Revenue District Korba (CG). WPS No.6042 of 2016 Vijay Kumar, S/o Shri Tularam Dewangan, aged about 51 years,

WPS No. 6043 of 2016 Mahendra Kumar, S/o late Shri Kishori Lal, aged about 46 years, Katghora, Civil and Revenue District Korba (CG). Shri Alok Kumar Pandey, counsel for the petitioner/s. Shri Sudhir Kumar Bajpai, counsel for the SECL on advance copy. Shri Prafull N. Bharat, Addl.A.G. for the State on advance copy. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 04/11/2016 These petitions have been filed by the petitioners who are claiming employment in lieu of acquisition of their land by respondent /

Coal Company.

Learned counsel for the petitioner submits that the petitioners are those, whose lands are involved in acquisition proceedings. They have become landless with no source of livelihood. The award was passed in the year 2015. The petitioners have raised claim of employment with the respondent / company.

2.

According to the petitioners, they are entitled to employment under the rehabilitation policy dated 25/09/1991. Further submission of learned counsel for the petitioners is that the case of similarly situated land oustees came up for consideration before this Court in the case of Ku. Rattho Bai and anr. Vs. South Eastern Coalfields Limited and ors. in WPS No.432/2011 wherein this Court, after examining the grievance in the light of rehabilitation policy, passed an order on 23/07/2015 allowing the petition and directing the respondent / Coal company to provide suitable employment in terms of conditions incorporated in para 12 of the said order.

3.

Learned counsel appearing for the respondent / SECL on advance copy submits that till date, the respondent / coal company has not taken any decision on petitioners' claim for employment in lieu of acquisition of their land. It is submitted that the claim of the petitioners shall be examined in the light of order passed by this Court in the case of Ku. Rattho Bai (supra). If the petitioners, on verification of facts, are found to be identically and similarly situated, their claim shall also be considered.

4.

In view of aforesaid submission and order passed by this Court on 23/07/2015 in Ku. Rattho Bai (supra), at this stage, it would be proper to dispose off this matter with a direction to respondent no.2 to examine the claim of the petitioners in the light of order dated 23/07/2015 passed in the case of Ku. Rattho Bai (supra). If upon verification of facts, the petitioners herein are found to be identically situated, their case shall also be considered for grant of employment as per the policy of rehabilitation.

5.

Considering that the matter relates to rehabilitation policy of land oustees, respondent No.2 is expected to take decision on the claim of respective petitioners within a period of 12 weeks from the date of receipt of copy of this order.

6.

With the aforesaid observations / directions, these petitions are finally disposed off.

Sd/- (Sanjay K. Agrawal) Judge L/-