Mahendra Singh Kanwar v. South Eastern Coalfields Limited

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4862 of 2016 Mahendra Singh Kanwar S/o Dev Singh, Aged About 27 Years R/o. Village Chainpur, Malgaon, P. S. Deepka, District Korba (Chhattisgarh) ---- Petitioner

Versus

1. South Eastern Coalfields Limited Through : Its Chairman And Managing Director, Head Office, Basant Vihar, Seepat Road, Bilaspur, District Bilaspur (Chhattisgarh)

2. Chief General Manager, S. E. C. L., Gevra Project, District Korba (Chhattisgarh)

3. Senior Manager (Mining), S E C L, Gevra Project, District Korba (Chhattisgarh)

4. Sub Divisional Officer, Katghora, District Korba (Chhattisgarh)

5. Additional Tahsildar Katghora, District Korba (Chhattisgarh)

6. Collector, Korba, District Korba, Chhattisgarh ---- Respondents For Petitioner :

Shri Basant Kaiwartya, Advocate For Respondent/SECL :

Shri H.B. Agrawal, Senior Advocate with Shri Alok Dewangan, Advocate For Respondent/State :

Shri Sangharsh Pandey, Dy. G.A.

Hon'ble Shri Manindra Mohan Shrivastava, J Order on Board 19/09/2016 Heard.

1.

The petitioner is aggrieved by inaction on the part of the respondents in considering petitioner's claim for grant of employment in lieu of acquisition of land.

2.

Learned counsel for the petitioner submits that the land belonging to the sister of the petitioner was acquired by respondents. According to him, there

exists policy dated 25/09/91 which is still in force. There is a provision for grant of employment in lieu of acquisition of land either to the person whose land was acquired or his/her nominee. Learned counsel submits that he is the brother of Bimla, whose land has been acquired. Despite specific representations made from time to time and all verifications completed by revenue authorities and submitted to the respondent authorities of SECL, no decision has been taken nor employment is being provided.

3.

From the pleadings and documents which have been placed on record, it is found that there exists a policy dated 25/09/1991 under which, there is provision for grant of employment to one member of the family of the person whose land has been acquired.

4.

The petitioner is the brother of one Bimla, whose land is acquired. The petitioner has applied and there are documents to show that various certificates, verifications have already been processed.

5.

Therefore, the claim of the petitioner does not appear to be frivolous and directions can be issued to respondents No. 1 and 2 to consider the claim and take appropriate decision thereupon as early as possible preferably within a period of four months from the date of receipt of copy of the order. 6.

The petition is finally disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha