South Eastern Coalfields Limited v. Pholchand Kaiwart

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC NO. 292 OF 2021

1. South Eastern Coalfields Limited, through the Chairman-cum-Managing Director, South Eastern Coalfields Limited, Seepat Road, Bilaspur (CG)

2. Director (Personnel), South Eastern Coalfields Limited, Seepat Road, Bilaspur (CG)

3. Chief General Manager, South Eastern Coalfields Limited, Kusmunda Area, District Korba (CG) ... Applicants versus

1. Phoolchand Kaiwart, aged about 31 years, S/o Late Rameshwar Prasad Kaiwart, R/o Azad Nagar, Barampur (Durpa), Post Sarvamangla Nagar, Durpa, District Korba (CG)

2. State of Chhattisgarh, through the Secretary, General Administration Department, Mahanadi Bhawan, Mantralaya, Raipur (CG)

3. Collector, Korba (CG)

4. Sub Divisional Officer (Revenue), Katghora, District Korba (CG) ... Non-applicants For Applicants/SECL :

Mr. Sudeep Agrawal, Advocate.

For Non-applicant No.1/ Petitioner :

Mr. Uttam Pandey, Advocate.

For Non-applicants 2 to 4/ State :

Mr. Rahul Jha, Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 21/06/2021

1. The present MCC has been filed by Applicants/SECL with a prayer for extension of the Order dated 6.1.2021 passed by this Court in WPS No.3172/2015.

2. The dispute relates to grant of employment in lieu of land which belongs to Non-applicant No.1/Petitioner which was acquired for mining purpose.

3. This Court while disposing of the aforesaid Writ Petition had granted four months' time to Respondents to comply with the order passed by this Court.

4. Today, when the present MCC is taken up for hearing, learned Counsel for Applicants/SECL submits that the order has been decided to be complied with and necessary steps have already been taken, inasmuch as there are certain

clarificatory documents which were required from the Petitioner which they have submitted in the month of March. That thereafter those documents have been sent for the verification from the concerned District Collector and it is expected that the response from the office of the District Collector would receive very soon and immediately thereafter the order would be complied with in its letter and spirit.

5. Shri Uttam Pandey, learned Counsel for Non-applicant No.1/Petitioner, has been intimated in this regard and he has expressed his no objection on the submission that learned Counsel for Applicants/SECL has made.

6. Given the facts and circumstances of the case, particularly taking note of the fact that Applicants/SECL is in the process of complying with the order but for the administrative reasons for the delay in complying with the order, the present MCC is allowed.

7. Applicants are granted further three months' time starting from today for complying with the order in its letter and spirit. It is expected that the officers of Applicant establishment shall pursue the matter so that the compliance can be done at the earliest.

8. MCC stands allowed and is disposed of accordingly. Sd/- (P. Sam Koshy) Judge sharad