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High Court Of ChhattisgarhWPC/4455/2019disposed off

Gomati Manjhi v. Union Of India

2019-12-06Hon'Ble Shri Justice P. Sam Koshy5 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4454 of 2019 Karam Singh S/o Late Asha Ram Aged About 65 Years R/o Village Baroud, Tahsil Gharghoda, District Raigarh Chhattisgarh

1. Union Of India Under Secretary To Government Of India, Ministry Of Coal Office At New Delhi, District : New Delhi, Delhi

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

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

---Respondents WPC No. 4455 of 2019 Gomati Manjhi W/o Late Ram Singh Aged About 38 Years R/o Village Sigmouja, Tahsil Gharghoda, District Raigarh Chhattisgarh. Ministry Of Coal, Office At New Delhi

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

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. ---Respondents WPC No. 4457 of 2019 Lohar Sai S/o Amrit Aged About 55 Years R/o Village Baroud, Tahsil Gharghoda, District Raigarh, Chhattisgarh. ---- Petitioner

-2Ministry Of Coal, Office At New Delhi, Delhi.

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

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.

---- Respondents WPC No. 4459 of 2019 Panchram Sidar S/o Mastram Aged About 50 Years R/o. Village Porda, Tahsil Gharghoda, District Raigarh, Chhattisgarh

1. Union Of India Through- Under Secretary To Government Of India, Ministry Of Coal, Office At New Delhi

2. South Eastern Coalfield Limited Through Managing Director, Office At Seepat Road, Bilaspur, Chhattisgarh 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. ---- Respondents WPC No. 4460 of 2019 Lohar Sai S/o Amrit Aged About 55 Years R/o Village Baroud, Tahsil Gharghoda, District Raigarh Chhattisgarh

1. Union Of India Through Secretary To Government Of India, Ministry Of Coal, Office At New Delhi.

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.

-34. 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 ---- Respondents WPC No. 4461 of 2019 Mani Ram S/o Late Munshi Ram Aged About 54 Years R/o Village Baroud, Tahsil Gharghoda, District Raigarh Chhattisgarh.

1. Union Of India Through Under Secretary To Government Of India , Ministry Of Coal , Office At New Delhi.

2. South Eastern Coalfield Limited Through Managing Director , Office At Seepat Road , Bilaspur Chhattisgarh 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 ---- Respondents WPC No. 4463 of 2019 Barato W/o Balak Ram Kanwar, Aged About 65 Years R/o Village Baroud, Tahsil Gharghoda, District Raigarh Chhattisgarh Ministry Of Coal, Office At New Delhi, District : New Delhi, Delhi

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 ---- Respondents

-4For Petitioners : Shri Yogesh Chandra, Adv.

For Union of India : Shri Bhupendra Singh, Adv.

For SECL : Shri H.B. Agrawal Sr. Adv., with Shri Pankaj Agarwal, Adv., Shri Sudhir ku. Bajpai Adv, Shri V.R. Tiwari, Adv.

For State : Shri Ayaz Naved, G.A. Shri Anshuman Shrivastava, P.L., Shri P. Acharya, P.L., Shri Ashutosh Mishra, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 06.12.2019 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

-5take 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 this order. If grievance of the Petitioners subsist, the petitioners shall have the liberty to approach this Court again.

4.

With the aforesaid observation, the petitions stand disposed of. 5.

Sd/- (P. Sam Koshy) Judge Jyotijha