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High Court Of ChhattisgarhWPC/3254/2019disposed off

Udas v. Union Of India

2019-09-18Hon'Ble Shri Justice Goutam Bhaduri10 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3243 of 2019 Chait Ram S/o Sukh Ram Aged About 62 Years R/o Village Baraoud, Raigarh, District Raigarh Chhattisgarh.

1. Union Of India, Through Under Secretary To Government Of India, Ministry

2. South Eastern Coalfield Limited, Through Managing Director, Office At Seepat Road, Bilaspur Chhattisgarh.

3. Area Manager, South Eastern Coalfield Limited, Raigarh Area, Raigarh, District Raigarh Chhattisgarh.

4. Sub Area Manager, South Eastern Coalfield Limited, Baroud Sub Area, Raigarh, District - Raigarh Chhattisgarh.

5. Collector, Raigarh, District Raigarh Chhattisgarh.

6. Sub Divisional Officer, Revenue, Gharghoda, District Raigarh Chhattisgarh. WPC No. 3244 of 2019 Man Kunwar W/o Sukhdeo Aged About 70 Years R/o Village Baraoud, Raigarh, District Raigarh Chhattisgarh.

1. Union Of India, Through Under Secretary To Government Of India, Ministry

2. South Eastern Coalfield Limited, Through Managing Director, Office At Seepat Road, Bilaspur Chhattisgarh.

3. Area Manager, South Eastern Coalfield Limited, Raigarh Area, Raigarh, District Raigarh Chhattisgarh.

4. Sub Area Manager, South Eastern Coalfield Limited, Baroud Sub Area, Raigarh, District - Raigarh Chhattisgarh.

5. Collector, Raigarh, District Raigarh Chhattisgarh.

6. Sub Divisional Officer, Revenue, Gharghoda, District Raigarh Chhattisgarh. WPC No. 3245 of 2019 Sukharu Manjhi S/o Chamra Manjhi Aged About 45 Years R/o Village Baraoud,

Raigarh, District Raigarh Chhattisgarh

1. Union Of India Through Under Secretary, To Government Of India, Ministry Seepat Road, Bilaspur Chhattisgarh.

District Raigarh Chhattisgarh.

Raigarh, District Raigarh Chhattisgarh.

5. Collector Raigarh, District Raigarh Chhattisgarh.

6. Sub Divisional Officer Revenue, Gharghoda, District Raigarh Chhattisgarh. WPC No. 3246 of 2019 Rameshwar Rathiya S/o Idal Aged About 35 Years R/o Village Baraoud, Raigarh, District Raigarh Chhattisgarh.

1. Union Of India, Through Under Secretary To Government Of India, Ministry

2. South Eastern Coalfield Limited, Through Managing Director, Office At Seepat Road, Bilaspur Chhattisgarh.

3. Area Manager, South Eastern Coalfield Limited, Raigarh Area, Raigarh, District Raigarh Chhattisgarh.

4. Sub Area Manager, South Eastern Coalfield Limited, Baroud Sub Area, Raigarh, District - Raigarh Chhattisgarh.

5. Collector, Raigarh, District Raigarh Chhattisgarh.

6. Sub Divisional Officer, Revenue, Gharghoda, District Raigarh Chhattisgarh., WPC No. 3247 of 2019 Dharmu S/o Ghasiya Ram Aged About 50 Years R/o Village Baraoud, Raigarh, District Raigarh, Chhattisgarh.

District Raigarh, Chhattisgarh.

Raigarh, District Raigarh, Chhattisgarh.

5. Collector Raigarh, District Raigarh, Chhattisgarh.

6. Sub Divisional Officer Revenue, Gharghoda, District Raigarh, Chhattisgarh. WPC No. 3248 of 2019 Anand Ram S/o Karam Sai Aged About 30 Years R/o Village Baraoud, Raigarh, District Raigarh Chhattisgarh.

2. South Eastern Coalfield Limited, Through Managing Director, Office At Seepat Road, Bilaspur Chhattisgarh.

3. Area Manager, South Eastern Coalfield Limited, Raigarh Area, Raigarh, District Raigarh Chhattisgarh.

4. Sub Area Manager, South Eastern Coalfield Limited, Baroud Sub Area, Raigarh, District - Raigarh Chhattisgarh.,

5. Collector, Raigarh, District Raigarh Chhattisgarh.,

6. Sub Divisional Officer, Revenue, Gharghoda, District Raigarh Chhattisgarh WPC No. 3249 of 2019 Dharam Sai S/o Ghasiya Ram Aged About 60 Years R/o Village Baraoud, Raigarh, District- Raigarh, Chhattisgarh.

Of Coal Office At New Delhi.

Seepat Road, Bilaspur, Chhattisgarh

3. Area Manager South Eastern Coalfield Limited, Raigarh Area, Raigrah, District- Raigarh, Chhattisgarh.

Raigarh, District- Raigarh, Chhattisgarh.

5. Collector Raigarh, District- Raigarh, Chhattisgarh.,

6. Sub Divisional Officer Revenue, Gharghoda, District- Raigarh, Chhattisgarh.

WPC No. 3250 of 2019 Tej Ram S/o Injor Singh Aged About 55 Years R/o Village Baraoud, Raigarh, District- Raigarh, Chhattisgarh.

2. South Eastern Coalfield Limited Thorugh Managing Director, Office At Seepat Road, Bilaspur, Chhattisgarh District- Raigarh, Chhattisgarh.

Raigrah, District- Raigarh, Chhattisgarh.

5. Collector Raigarh, District- Raigarh, Chhattisgarh.

6. Sub Divisional Officer Revenue, Gharghoda, District- Raigarh, Chhattisgarh.

WPC No. 3251 of 2019 Rati Ram S/o Sahdeo Aged About 50 Years R/o Village Baraoud, Raigarh, District- Raigarh, Chhattisgarh.

1. Union Of India Through Under Secretary To Governement Of India, Ministry District- Raigarh, Chhattisgarh.

Raigrah, District- Raigarh, Chhattisgarh.

5. Collector Raigarh, District- Raigarh, Chhattisgarh.

6. Sub Divisional Officer Revenue, Gharghoda, District- Raigarh, Chhattisgarh.

WPC No. 3253 of 2019 Radheshyam S/o Dharmu Ram Aged About 32 Years R/o Village Baraoud, Raigarh, District- Raigarh, Chhattisgarh.

Seepat Road, Bilaspur, Chhattisgarh District- Raigarh, Chhattisgarh.

Raigarh, District- Raigarh, Chhattisgarh.

5. Collector Raigarh, District- Raigarh, Chhattisgarh.

6. Sub Divisional Officer Revenue, Gharghoda, District- Raigarh, Chhattisgarh.

WPC No. 3254 of 2019 Udas S/o Thakur Ram Aged About 70 Years R/o Village Baraoud, Raigarh, District- Raigarh, Chhattisgarh.

District- Raigarh, Chhattisgarh.

Raigarh, District- Raigarh, Chhattisgarh.

5. Collector Raigarh, District- Raigarh, Chhattisgarh.

6. Sub Divisional Officer Revenue, Gharghoda, District- Raigarh, Chhattisgarh WPC No. 3256 of 2019 Krishna Kumar S/o Ram Aged About 40 Years R/o Village Baraoud, Raigarh, District Raigarh Chhattisgarh

1. Union Of India Under Secretary To Government Of India, Ministry Of Coal, Officer At New Delhi, Seepat Road, Bilaspur Chhattisgarh

3. Area Manager South Eastern Coalfield Limited Raigarh Area, District Raigarh Chhattisgarh

4. Sub Area Manager South Eastern Coalfield Limited Baroud Sub Area, Raigarh, District Raigarh Chhattisgarh

5. Collector Raigarh, District Raigarh Chhattisgarh,

6. Sub Divisional Officer Revenue Gharghoda, District Raigarh Chhattisgarh WPC No. 3258 of 2019 Chinta Ram S/o Ant Ram Aged About 65 Years R/o Village Baraoud, Raigarh, District Raigarh Chhattisgarh.

Seepat Road, Bilaspur Chhattisgarh.

District Raigarh Chhattisgarh.

Raigarh, District Raigarh Chhattisgarh.

5. Collector Raigarh, District Raigarh Chhattisgarh.

6. Sub Divisional Officer Revenue, Gharghoda, District Raigarh Chhattisgarh.

WPC No. 3260 of 2019 Indal Singh S/o Asha Ram Aged About 72 Years R/o Village Baraoud, Raigarh, District Raigarh Chhattisgarh

1. Union Of India Under Secretary To Government Of India, Ministry Of Coal, Office At New Delhi, Seepat Road, Bilaspur Chhattisgarh

3. Area Manager South Eastern Coalfield Limited Raigarh Area, District Raigarh Chhattisgarh

4. Sub Area Manager South Eastern Coalfield Limited Baroud Sub Area, Raigarh, District Raigarh Chhattisgarh,

5. Collector Raigarh, District Raigarh Chhattisgarh,

6. Sub Divisional Officer Revenue Gharghoda, District Raigarh Chhattisgarh, WPC No. 3261 of 2019 Gurmoti W/o Subran Kanwar Aged About 40 Years R/o Village Baraoud, Raigarh, District- Raigarh, Chhattisgarh.

District- Raigarh, Chhattisgarh.

Raigarh, District- Raigarh, Chhattisgarh.

5. Collector Raigarh, District- District Raigarh, Chhattisgarh.

6. Sub Divisional Officer Revenue, Gharghoda, District- Raigarh, Chhattisgarh.

WPC No. 3264 of 2019 Barato Kunwar W/o Late Balak Ram Aged About 50 Years R/o Village Baraoud, Raigarh, District Raigarh Chhattigarh.

Seepat Road, Bilaspur Chhattisgarh.

District Raigarh Chhattisgarh.

Raigarh, District Raigarh Chhattisgarh.

5. Collector Raigarh, District Raigarh Chhattisgarh.

6. Sub Divisional Officer Revenue, Gharghoda, District Raigarh Chhattisgarh. WPC No. 3267 of 2019 Mangal Sai S/o Dukhi Ram Aged About 50 Years R/o Village Baraoud, Raigarh, District Raigarh, Chhattisgarh.

District Raigarh, Chhattisgarh Raigarh, District Raigarh, Chhattisgarh.

5. Collector Raigarh, District Raigarh, Chhattisgarh.

6. Sub Divisional Officer Revenue, Gharghoda, District Raigarh, Chhattisgarh.

WPC No. 3269 of 2019 Sahodra W/o Tejram Kanwar Aged About 55 Years R/o Village Baraoud, Raigarh, District Raigarh, Chhattisgarh.

2. South Eastern Coalfield Limited, Through Managing Director, Office At

3. Area Manager, South Eastern Coalfield Limited, Raigarh Area, Raigarh, District Raigarh, Chhattisgarh.

Raigarh, District Raigarh, Chhattisgarh.

5. Collector Raigarh, District Raigarh, Chhattisgarh.

6. Sub Divisional Officer Revenue, Gharghoda, District Raigarh, Chhattisgarh., ---- Respondents For petitioners : Shri Parag Kotecha & Shri Yogesh Chandra, Advocates.

For Union of India : Shri Surendra Kumar Dewangan & Ms. Sonia Kuldeep, Advocates.

For SECL : Shri H.B. Agrawal, Sr. Advocate, Shri Sudhir Bajpai, Shri V.R. Tiwari, Smt. Astha Shukla, Advocate appears on behalf on behalf Shri Vaibhav Shukla, Advocate, Ms. Parwati Suryawanshi, Advocate appears on behalf of Shri Bhupendra Singh, Advocate.

For State- :Shri Rahul Jha, G.A., Smt. Richa Shukla, Dy.G.A., Shri Priyank Rathi, PL, Smt. Deepti Shukla, PL, Shri Sudhir Sahu, PL, Shri Soumya Rai, PL and Shri Avinash Singh, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 18.09.2019 Heard.

1.

Common case of the petitioners are that they were granted lease on a forest land and since land came for the mining purpose by the SECL they have been displaced and the mining have been affected.

2.

It is stated that by a letter dated 29/08/2019 SDO (Revenue) Gharghoda has directed SECL to make payment of compensation in respect of the land of the different petitioners and make rehabilitation according to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

3.

Common prayer of the petitioners are that direction given by the SDO (Revenue) Gharghoda may be complied with and SECL may be directed to take decision on such letter dated 29/08/2019. At this stage considering the communication made by the SDO (Revenue) Gharghoda to the SECL, without any observation on the merit, SECL is directed to take cognizance of the letter dated 29/08/2019 and take a decision in this issue so that the benefit can be extended to the affected persons. The said decision may be taken within outer limit of six months from the date of receipt of copy of the order. If grievance of the petitioners subsist, the petitioners shall have the liberty to approach this court again.

4.

With such observation, the petitions stand disposed of. Sd/- gouri Goutam Bhaduri Judge