Vijay S/O Keshaorao Channe v. Chief General Manager, Western Coalfields Ltd. Ballarpur And Others

902PIL 20.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Public Interest Litigation (PIL) No. 20/2022 Vijay s/o Keshaorao Channe

...Petitioner

Versus

Chief General Manager, Western Coalfields Ltd, Ballarpur and ors.

...Respondents

Mr. P.S. Dhenge, Advocate for the Petitioner Ms. K.S. Joshi, Government Pleader for the Respondent No. 4 CORAM : NITIN JAMDAR AND ANIL L. PANSARE, JJ.

DATED : 04 MAY 2022 P.C.:

Heard the learned Counsel for the parties.

2.

Through this Public Interest Litigation the Petitioner has sought directions to the Respondents to release and pay the compensation to the farmers whose names have been enlisted at Annexure-U of the Public Interest Litigation. 3.

The grant of compensation upon an acquisition of land is a personal action. Nothing stops a person whose land is acquired from asserting his rights. It will not be proper to place the Petitioner in the frame, as the Court will have to be careful that this

902PIL 20.2022.odt position is not misused. As regards, the inability of the farmers whose lands are acquired, oral submission is made that due to financial difficulty, the farmers are unable to approach the Court. For this very purpose the State has launched various initiatives for legal aid.

4.

It would be appropriate, if the Petitioner takes initiative in educating these farmers that legal aid is available. The Petitioner is stated to be a social worker, therefore, we expect that the Petitioner will take the initiatives informing each of these farmers whose list is annexed to the Public Interest Litigation that the farmers are entitled to legal aid and assist them in approaching the Legal Aid Center nearest to the farmers' residence. The learned Counsel for the Petitioner assures that the Petitioner will take such initiatives.

5.

In view of this assurance of the Petitioner, we do not think it necessary to proceed further in extraordinary jurisdiction of this Court at this stage.

6.

The Public Interest Litigation is accordingly disposed of. No costs.

[ANIL L. PANSARE, J.] [NITIN JAMDAR, J.] SMGate Digitally signed by SANDIP MAHADEV GATE Date:

2022.05.06 15:22:24 +0530 SANDIP MAHADEV GATE