High Court Of ChhattisgarhWPC/1803/2019disposed off

Awadhesh Kumar Kushwaha v. South Eastern Coalfield Limited

2019-05-17Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1803 of 2019 • Awadhesh Kumar Kushwaha S/o Shri Shivkaran Ram Aged About 35 Years R/o Village Soranga, P.O. Pandopara, P.S. Patna, District Koriya (CG) ---- Petitioner

Versus

1. South Eastern Coalfield Limited Through Its Chairman Cum Managing Director, Headquarter At Seepat Raod, Bilaspur, District - Bilaspur Chhattisgarh

2. Director (Personnel), SECL, Headquarter At Seepat Road, Bilaspur, District - Bilaspur Chhattisgarh

3. General Manager, SECL, Baikunthpur Area Office Baikunthpur, P.O. And P.S. - Baikunthpur, District - Koriya Chhattisgarh

4. Sub Area Personnel Manager Jhilimili Sub Area, Office At Pandavpara, P.O. And P.S. - Pandavpara, District - Koriya Chhattisgarh ---- Respondents For Petitioner :

Shri Jai Prakash Shukla, Advocate For Respondents :

Shri R.R. Sinha, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 17/05/2019

1. Heard.

2. Grievance of the petitioner is that he was having a land bearing Khasra No.334 admeasuring 0.62 hectares at village Soranga, Tahsil Baikunthpur on which he was entirely dependent. The land on which the petitioner was cultivating subsequently coal was mined on that by the SECL. It is stated that the

petitioner land though was taken but he is not compensated till date as per the policy of the SECL. It is stated that the petitioner therefore, has made several representations and one representation is still pending, which may be decided.

3. Be that as it may, if the land of the petitioner has been acquired and it has been used by the SECL for mining then certainly the petitioner is entitled for compensation along with the further benefits as per the prevailing policy of the SECL. Under the circumstances, it is directed that the petitioner shall be at liberty to make afresh representation with all the details so that the case of the petitioner can be considered in an objective manner. If such representation is filed within a period of thirty days from today, the SECL shall consider and decide the same within a further period of three months.

4. With the aforesaid observation, the writ petition is disposed of. Sd/- Goutam Bhaduri Judge Ashu