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High Court Of ChhattisgarhWPC/2565/2017disposed off

Arjun Kumar Bindhyaraj v. South Eastern Coalfields Ltd.

2017-09-18Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2565 of 2017 Arjun Kumar Bindhyaraj S/o Samaru Binjwar, Aged about 62 years, R/o Village Bhataura, Tahsil Katghora, District Korba, Chhattisgarh. ---- Petitioner

Versus

1. South Eastern Coalfields Ltd. Through its Chairman cum Mananging Director (CMD) S.E.C.L, Seepat Road, Bilaspur, Chhattisgarh.

2. Director (Personnel) South Eastern Coalfields Ltd. S.E.C.L, Seepat Road, Bilaspur, Chhattisgarh.

3. Chief General Manager, South Eastern Coalfields Ltd. Gavera Area (Gavera Open Cast Project) Korba District Korba, Chhattisgarh.

4. Coal India Limited, Through Chairman cum Managing Director, Coal Bhawan, Premise No.-04 MAR, Plot No. AF-III, Action Area- 1 A, New Town, Rajarhat, Kolkata 700156.

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

6. District Collector-Cum-Officiating Dy. Secretary, Government of Chhattisgarh, Collectorate, Korba, District Korba, Chhattisgarh. ---- Respondents For Petitioner :

Mr. Sanjay Kumar Agrawal, Advocate.

For Respondents/State :

Mr. Prasoon Bhaduri, G.A. for the State.

For Respondents (SECL) :

Mr. Shailendra Shukla, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 18/09/17 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") in lieu of which no compensation has been determined and paid to him till date whereas he is

entitled for the compensation amount as per the provision of the new Act, i.e. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, Resettlement Act, 2013.

2.

I have heard learned counsel for the petitioner. 3.

The prayer appears to be fair and reasonable. 4.

Be that as it may, the respondent authorities are directed to consider the petitioner's case and determine the amount of compensation payable to him expeditiously preferably within a period of thirty days 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