Sundarlal v. National Thermal Power Corporation Limited

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 1090 of 2017

1. Sundarlal S/o Late Baijarauram, Aged About 43 Years R/o Village Lekhram, Post Lakhram, P. S. Ratanpur, Tahsil Bilaspur, District Bilaspur (Chhattisgarh)

2. Rameshwari D/o Kholbahara, W/o Sundarlal Aged About 33 Years R/o Village Khatola, Post Bargawan, P. S. Akaltara, Tahsil Akaltara, District Janjgir Champa (Chhattisgarh) ---- Petitioner

Versus

1. National Thermal Power Corporation Limited Through Its Chairman- Cum- Managing Director, Post Office Ujjawal Nagar, Sipat, P. S. Sipat, Tahsil Masturi, District Bilaspur (Chhattisgarh)

2. Assistant General Manager, Human Resource Department, N. T. P. C. Ltd. Sipat, Post Office Ujjawal Nagar, P. S. Sipat Tahsil Masturi, District Bilaspur (Chhattisgarh) 495555

3. National Thermal Power Corporation, Through Its Chief Managing Director, Scope Complex, 7, Institutional Area, Lodhi Road, New Delhi 110003

4. The Collector, Bilaspur, District Bilaspur (Chhattisgarh) 495001

5. Sub Divisional Officer (Revenue), Tahsil Masturi, District Bilaspur, Chhattisgarh ---- Respondents For Petitioners:

Mr. Alok Bakshi, Counsel For Respondent No.1 to3: Mr. B.D. Guru, Counsel For State :

Mr. Shashank Thakur, Government Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 06.03.2

1. The grievance of the Petitioners is that the land belonging to the Petitoiner has been acquired in setting up of the power plant at Sipat, District- Bilaspur. While the land was being acquired the people were given an assurance that as per the policy of the State Government

they would be entitled for employment in lieu of the land that has been acquired by the Respondents. Though power plant has been established and commissioned now, but grant of employment to the Petitioners has not been considered by the Respondent authorities.

2. At this juncture learned Counsel for the Respondent establishment submits that it appears that the representation by the Petitioners have been made before the Collector and the Management of N.T.P.C. has not received any representation on behalf of the Petitioners. Subject to the Petitioners making representation in this regard before the Management the same shall be considered without any delay in accordance with the rules and policy governing the field.

3. In view of the said statement, let the Respondent No. 4 the Collector Bilaspur as well as the Respondent No.3, the authorities of the Management of N.T.P.C., Sipat take a decision in respect of the Petitioners' claim for employment in lieu of his land that has been acquired by the Management of the N.T.P.C.

4. If the Petitioners till date have not submitted their representation, they would be at liberty to file fresh representation to Respondents No.3 and 4 supported with relevant documents pertaining to their claim along with a copy of certified copy of this order.

5. Pursuant to the receipt of the representation of the

Petitioners, the Respondent authorities shall take decision on the said claim applications within a further period of 90 days from the date of receipt of their representation.

6. With the aforesaid observation, the Writ Petition stands disposed off.

Sd/- (P. Sam Koshy) JUDGE kishore