Santosh Mishra v. South Eastern Coal Fields Limited

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2321 of 2017 Santosh Mishra S/o Late Umashankar Mishra, Aged about 58 years R/o Village Bahanpath, Tahsil Katghora, District Korba, Chhattisgarh. ---- Petitioner

Versus

1. South Eastern Coal Fields Limited Through the Director (Personnel) Seepat Road, Bilaspur, Chhattisgarh.

2. Chief General Manager, South Eastern Coalfields Ltd., Gavera Extension Opencast Project, Gavera Area, District Korba, Chhattisgarh.

3. Land Revenue Officer, South Eastern Coalfields Ltd., Office of the General Manager, Gavera Extension Opencast Project, Gavera Area, District Korba Chhattisgarh.

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

5. Collector, Korba, District Korba Chhattisgarh. ---- Respondents For Petitioner : Shri Sanjay Kumar Agrawal, Advocate.

For Respondents : Mrs. Purnima Singh, Asst. S.G. for respondent No.4. : Shri Shailendra Shukla, counsel for the resp. respondents. For State : Shri Dhiraj Wankhede, G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 29/08/17 Heard.

2.

Learned counsel for the petitioner would submit that the petitioner's land has been acquired under the provisions of Coal Bearing Act (Acquisition and Development Act), 1957 (for short the "Act of 1957") and the compensation amount has been paid to them without interest whereas they are entitled for interest on the compensation amount as per the provision of

Sections 16 & 17 of the said Act. The petitioner has also made a representation before the competent authorities on 25.11.2016 but it has not been considered and decided till date.

3.

The prayer appears to be fair and reasonable. 4.

Be that as it may, the respondents No. 1, 2 & 4 are directed to consider the petitioner's representation under the light of the provision of Sections 16 & 17 of the Act of 1957 and take decision on the petitioner's representation expeditiously preferably 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