HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 3643 of 2021
1. Phool Singh, S/o. Late Bhogiram, Aged About 36 Years, R/o. Village Porda,
Tehsil Gharghoda, District Raigarh Chhattisgarh
2. Sukh Singh, S/o. Late Bhogiram, Aged About 31 Years, R/o. Village Porda,
Tehsil Gharghoda, District Raigarh Chhattisgarh
—- Petitioners
Versus
1. 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 Gharghoda,
District Raigarh, Chhattisgarh
—- Respondents
WPC No. 3644 of 2021 Jugutram S/o Maal Aged About 70 Years R/o Village Porda, Tehsil Gharghoda, District Raigarh Chhattisgarh
—- Petitioner Versus
1. 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 Gharghoda, District Raigarh, Chhattisgarh
—- Respondents WPC No. 3646 of 2021 Sadhram S/o Bhondu Aged About 66 Years R/o Village Porda, Tehsil Gharghoda, District Raigarh Chhattisgarh.
—- Petitioner Versus
1. 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 Gharghoda, District Raigarh, Chhattisgarh
—- Respondents WPC No. 3649 of 2021 Mohitlal S/o Gangaram, Aged About 55 Years R/o Village Bijari, Tehsil Gharghoda, District Raigarh Chhattisgarh.
—- Petitioner Versus
1. 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 Gharghoda, District Raigarh, Chhattisgarh
—- Respondents WPC No. 3650 of 2021 Bharat Lal Sahu S/o Bhajram, Aged About 60 Years R/o Village Bijari, Tehsil Gharghoda, District Raigarh Chhattisgarh
—- Petitioner Versus
1. 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 Gharghoda, District Raigarh, Chhattisgarh
—- Respondents WPC No. 3653 of 2021 Damodar S/o Chainu (wrongly mentioned as Chaitu in compensation chart) Aged About 53 Years R/o Village Bijari, Tehsil Gharghoda, District Raigarh Chhattisgarh
—- Petitioner Versus
1. 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 Gharghoda, District Raigarh, Chhattisgarh
—- Respondents WPC No. 3654 of 2021
1. Bodhram Sahu S/o Shivprasad Aged About 65 Years.
2. Nehrulal S/o Sahebram Aged About 60 Years.
3. Mayaram S/o Anandram Aged About 97 Years.
4. Anandram S/o Shivprasad Aged About 95 Years All are Resident Of Village Bijari, Tehsil Gharghoda, District Raigarh, Chhattisgarh.
—- Petitioners Versus
1. 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 Gharghoda, District Raigarh, Chhattisgarh
—- Respondents WPC No. 3657 of 2021
1. Babulal, S/o Late Jagatram, Aged About 70 Years
2. Bhagatram, S/o Lutharu, Aged About 73 Years Both are Resident Of Village Porda, Tehsil Gharghoda, District Raigarh Chhattisgarh.
—- Petitioners Versus
1. 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 Gharghoda, District Raigarh, Chhattisgarh
—- Respondents WPC No. 3659 of 2021
1. Lekhram S/o Nandram Aged About 98 Years
2. Panchram S/o Nandram Aged About 70 Years Both are R/o. Village Bijari, Tehsil Gharghoda, District Raigarh Chhattisgarh
—- Petitioners Versus
1. 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 Gharghoda, District Raigarh, Chhattisgarh
—- Respondents WPC No. 3660 of 2021
1. Urmila, Wd/o. Bhupdev, Aged About 45 Years
2. Malti, Wd/o. Rukdev, Aged About 40 Years Both are R/o Village Bijari, Tehsil Gharghoda, District Raigarh Chhattisgarh
—- Petitioners Versus
1. 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 Gharghoda, District Raigarh, Chhattisgarh
—- Respondents WPC No. 3661 of 2021
1. Dharmveer @ Dharm Kumar, S/o. Bhajanlal, Aged About 22 Years.
2. Budhram, S/o. Thakurram, Aged About 36 Years. Both are R/o. Village Porda, Tehsil Gharghoda, District Raigarh Chhattisgarh
—- Petitioners Versus
1. 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 Gharghoda, District Raigarh, Chhattisgarh
—- Respondents WPC No. 3665 of 2021
1. Sitaram, S/o. Late Tejram (Name Of Father Is Wrongly Mentioned as Pitaram) Aged About 46 Years
2. Jeeramoti, Wd/o. Tejram, Aged About 70 Years. Both are R/o. Village Bijari, Tehsil Gharghoda, District Raigarh Chhattisgarh.
—- Petitioners Versus
1. 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 Gharghoda, District Raigarh, Chhattisgarh
—- Respondents WPC No. 3666 of 2021 Anandram S/o Late Shivprasad Aged About 95 Years R/o Village Bijari Tehsil Gharghoda, District – Raigarh Chhattisgarh
—- Petitioner Versus
1. 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 Gharghoda, District Raigarh, Chhattisgarh
—- Respondents WPC No. 3670 of 2021 Harisingh Sidar, S/o. Piritram Aged About 53 Years R/o Village Porda, Tehsil Gharghoda, District Raigarh, Chhattisgarh
—- Petitioner Versus
1. 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 Gharghoda, District Raigarh, Chhattisgarh
—- Respondents WPC No. 3672 of 2021 Vidya Prasad S/o Anantram Aged About 72 Years R/o Village Bijari, Tehsil Gharghoda, District Raigarh, Chhattisgarh
—- Petitioner Versus
1. 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 Gharghoda, District Raigarh, Chhattisgarh
—- Respondents WPC No. 3673 of 2021 Chhattarsingh S/o Shivlal Aged About 55 Years R/o Village Khedapali, Tehsil Dharamjaigarh, District Raigarh Chhattisgarh
—- Petitioner Versus
1. 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 Gharghoda, District Raigarh, Chhattisgarh
—- Respondents WPC No. 3675 of 2021 Awadhram S/o Kirtiram Aged About 56 Years R/o Village – Bijari, Tehsil Gharghoda, District – Raigarh (Chhattisgarh)
—- Petitioner Versus
1. 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 Gharghoda, District Raigarh, Chhattisgarh
—- Respondents
For Petitioners : Shri Surfaraj Khan, Advocate For Union of India/Respondent : Shri Tushar Dhar Diwan, Advocate on No.1 behalf of Mr. Ramakant Mishra, ASG. For SECL/Respondent No.2 to 4: Shri Pankaj Agrawal, Advocate For State/Respondent No.5 & 6 : Shri Sudeep Agrawal Dy. A.G., Shri Ravi Bhagat Dy. G.A. Shri Anmol Sharma P.L.
Shri Aditya Bhardwaj P.L., Ms. Shriya Mishra, P.L. & Ms.Sameeksha Gupta P.L.
Hon’ble Shri Justice Goutam Bhaduri Order on Board 10.09.2021 Heard
1. Since the cause of action and facts involved in these petitions are similar in nature, therefore, they are being heard together and decided by this common order.
2. Learned counsel appearing for the petitioners would submit that the petitioners’ land have 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.
3. I have heard learned counsel for the petitioners.
4. The prayer appears to be fair and reasonable and is accordingly allowed.
5. 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.
6. With the aforesaid directions, the writ petitions are accordingly disposed off. No order as to cost(s).
Source: indiankanoon
