Chhatar Singh v. The Union Of India

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3911 of 2021

1. Chhatar Singh S/o Jagannath Aged About 51 Years

2. Saheblal S/o Chainsingh, Aged About 62 Years

3. Kamru, S/o Ledhwa, Aged About 63 Years

4. Tekram S/o Gopal, Aged About 34 Years

5. Tiharu, S/o Munthuram, Aged About 60 Years All are R/o Village Khedapali, Tehsil Dharamjaigar, District Raigarh Chhattisgarh ---- Petitioners

Versus

1. The Union Of India Through Ministry Of Coal, Rajpath Area, Central Secretariat, New Delhi 110001

2. SECL Through Its Chairman-Cum-Managing Director Seepat Road, Bilaspur Chhattisgarh

3. South Eastern Coalfields Limited Raigarh Area Through Its General Manager Kelo Vihar Raigarh Tehsil And District Raigarh Chhattisgarh

4. South Eastern Coalfields Limited Raigarh Area Through Its Sub Area Manager Barod District Raigarh Chhattisgarh

5. Collector Raigarh District Raigarh Chhattisgarh

6. Sub Divisional Officer (Revenue) Cum Land Acquisition Officer Dharamjaigarh, District Raigarh Chhattisgarh ---- Respondents ---------------------------------------------------------------------------------------------------------------- For Petitioners :

Shri Surfaraj Khan, Advocate For Respondent/ State :

Ms. Sameeksha Gupta, P.L.

For UOI :

Shri Tushar Dhar Diwan on behalf of ASG For SECL :

Shri Pankaj Agrawal, Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 24.09.2021

Heard

1. Learned counsel appearing for the petitioners would submit that the petitioners land has been acquired by the respondent No. 2- South Eastern Coal Fields Limited (SECL), under the provisions of Coal Bearing Act(Acquisition and Development Act), 1957 (for short the "Act of 1957") in lieu of which neither compensation has been paid to the petitioners nor rehabilitation has been provided to them till date. The petitioners have also made representations before the competent authorities but it has not been considered and decided till date. He would further submit that respondents are not taking cognizance of the memo dated 04.08.2017 issued by Government of India in which certain clarifications have been issued.

2. I have heard learned counsel for the petitioners.

3. The prayer appears to be fair and reasonable and is accordingly allowed.

4. Considering the facts of the case, the petitioners are given liberty to make a fresh representation to Respondents No. 2 & 3 within a period of 3 weeks from today and if such representation is filed, Respondents No. 2 & 3 are directed to decided the representation strictly in accordance with law within a further period of 3 months from the date of receipt of the copy of the representation. The respondents are also directed to take cognizance of the memo dated 04.08.2017 issued by the Government of India.

5. With the aforesaid directions, the writ petition is accordingly disposed of. No order as to cost(s).

Sd/- (Goutam Bhaduri) Jyoti Judge