High Court Of ChhattisgarhWPC/4451/2019disposed off

Dilip v. Union Of India

2019-12-05Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (C) No.4451 of 2019 Dilip S/o Chamara Aged About 40 Years R/o Village Baroud, Tahsil Gharghoda, District Raigarh Chhattisgarh.

---Petitioner(s)

Versus

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.

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 For Petitioner :

Shri Yogesh Chandra, Advocate.

For State :

Shri Ashutosh Mishra, Panel Lawyer.

For Respondent 2to4 Shri HB Agrawal, Sr. Advocate along with Ms.

Preeti Yadav, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 05.12.2019

1. Heard.

2. The case of the petitioner is that he was granted lease on a forest land and since land came for the mining purpose by the SECL he has been displaced and the mining have been affected.

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

4. The prayer of the petitioner is that direction given by the SDO (Revenue) Gharghoda may be complied with and the SECL may be directed to take

-2decision 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 person. 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 petitioner subsists, the petitioner shall have the liberty to approach this court again.

5. With such observation, the petitions stand disposed of. Sd/- (P. Sam Koshy) Judge inder