Nafr High Court
Case Details
1 Digitally signed by RAMESH KUMAR VATTI 2025:CGHC:2847 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6289 of 2024 • Dhansay S/o Chhotelal Aged About 39 Years R/o Village And Post Budbud, P. S. And Tahsil Pali, District Korba Chhattisgarh Versus --- Petitioner 1. South Eastern Coalfield Limited Through The Chairman Cum Managing Director, Seepat Road, District Bilaspur Chhattisgarh 2. The Chief General Manager, SECL, Korba Area, District Korba Chhattisgarh 3. The Sub Area Manager, Saraipali, Open Cast Mining Project, SECL, Korba Chhattisgarh 4. The Collector, District Korba, Chhattisgarh --- Respondents And WPC No. 6288 of 2024 • Mukesh Kumar S/o Santosh Kumar Sahu, Aged About 26 Years R/o Village Budbud, Tahsil Pali, District Korba Chhattisgarh., District : Korba, Chhattisgarh Versus ---Petitioner 1. South Eastern Coalfield Limited Through The Chairman Cum, Managing Director Seepat Road District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 2. The Chief General Manager, SECL, Korba Area, District Korba Chhattisgarh., District : Korba, Chhattisgarh 3. The Sub Area Manager, Saraipali Open Cast Mining Project, SECL, Korba Chhattisgarh., District : Korba, Chhattisgarh 4. The Collector, District Korba Chhattisgarh., District : Korba, Chhattisgarh --- Respondents And WPC No. 6293 of 2024 • Hemant Kumar S/o Latel Ram Aged About 29 Years Caste Yadav, R/o Village Budbud Tahsil Katghora, District Korba, Chhattisgarh Versus ---Petitioner 2 1. South Eastern Coalfield Limited Through The Chairman Cum Managing Director, Seepat Road, District Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh 2. The Chief General Manager, S E C L, Korba Area, District Korba, Chhattisgarh 3. The Sub Area Manager. Saraipali Open Cast Mining Project, S E C L Korba, Chhattisgarh, District : Korba, Chhattisgarh 4. The Collector, District Korba, Chhattisgarh, District : Korba, Chhattisgarh --- Respondents And WPC No. 6294 of 2024 • Dinesh Kumar S/o Basant Kumar Devangan Aged About 32 Years R/o Village And Post Budbud, Tahsil Pali, District Korba Chhattisgarh. Versus ---Petitioner 1. South Eastern Coalfield Limited Through The Chairman Cum, Managing Director Seepat Road, District Bilaspur Chhattisgarh. 2. The Chief General Manager, SECL, Korba Area, District Korba Chhattisgarh. 3. The Sub Area Manager Saraipali Open Cast Mining Project SECL, Korba Chhattisgarh. 4. The Collector, District Korba, Chhattisgarh. --- Respondents And WPC No. 6297 of 2024 • Rohit Kumar S/o Kartik Ram Aged About 37 Years R/o Village Budbud, Tahsil Pali District Korba Chhattisgarh. Versus ---Petitioner 1. South Eastern Coalfield Limited Through The Chairman Cum, Managing Director Seepat Road District Bilaspur Chhattisgarh. 2. The Chief General Manager SECL, Korba, Area, District Korba, Chhattisgarh. 3. The Sub Area Manager Saraipali Open Cast Mining Poject SECL, Korba Chhattisgarh. 4. The Collector District Korba Chhattisgarh. --- Respondents And WPC No. 6298 of 2024
Legal Reasoning
• Chandrashekhar S/o Shri Phattelal, Aged About 38 Years R/o Village And Post Budbud, Police Station And Tahsil Pali, District Korba Chhattisgarh Versus ---Petitioner 1. South Eastern Coalfield Limited Through, The Chairman Cum, Managing, Director, Seepat Road, District Bilaspur Chhattisgarh, 2. The Chief General Manager, SECL, Korba Area, District Korba Chhattisgarh 3 3. The Sub Area Manager, Saraipali Open Cast Mining Project, SECL, Korba Chhattisgarh 4. The Collector, District Korba Chhattisgarh --- Respondents And WPC No. 6299 of 2024 • Manoj Kumar Kashyap S/o Dhaniram Kashyap, Aged About 41 Years R/o Village And Post Banki Mongra Kudharipara, Tahsil Katghora, District Korba Chhattisgarh Versus ---Petitioner 1. South Eastern Coalfield Limited Through The Chairman Cum, Managing Director Seepat Road District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh 2. The Chief General Manager, SECL, Korba Area, District Korba Chhattisgarh 3. The Sub Area Manager, Saraipali Open Cast Mining Project, SECL, Korba Chhattisgarh, District : Korba, Chhattisgarh 4. The Collector, District Korba Chhattisgarh --- Respondents And WPC No. 6302 of 2024 • Roopchand S/o Thakur Ram, Aged About 55 Years R/o Village Budbud, Tehsil Pali, District Korba Chhattisgarh Versus ---Petitioner 1. South Eastern Coal Fields Limited Through Its Chairman Cum Managing Director, Office At Seepat Road, Bilaspur Chhattisgarh., Chhattisgarh 2. General Manager, South Eastern Coalfields Ltd., Korba Area, Korba Chhattisgarh., District : Korba, Chhattisgarh 3. Sub Area Manager, Saraipali Open Cast Mines Project, South Eastern Coalfields Ltd., Korba, District : Korba, Chhattisgarh 4. Collector, Korba, District Korba Chhattisgarh --- Respondents And WPC No. 6303 of 2024 • Santosh Kumar S/o Lalaram, Aged About 36 Years R/o Village Budbud, Tehsil Pali, District Korba, Chhattisgarh Versus ---Petitioner 1. South Eastern Coal Fields Limited Through Its Chairman Cum Managing Director, Office At Seepat Road, Bilaspur, Chhattisgarh 2. General Manager, South Eastern Coalfields Ltd., Korba Area, Korba, District : Korba, Chhattisgarh 3. Sub Area Manager, Saraipali Open Cast Mines Project, South Eastern Coalfields Limited, Korba, District : Korba, Chhattisgarh 4. Collector, Korba, District Korba, Chhattisgarh, And --- Respondents 4 WPC No. 6306 of 2024 • Ravikant Sahu S/o Chandrakant Sahu Aged About 30 Years Caste Teli, R/o Bankimongra Post Bankimongra Tahsil Katghora District Korba Chhattisgarh Versus ---Petitioner 1. South Eastern Coalfield Limited Through The Chairman Cum Managing, Director, Seepat Road, District Bilaspur Chhattisgarh 2. The Chief General Manager, Secl, Korba Area District Korba Chhattisgarh 3. The Sub Area Manager, Saraipali Open Cast Mining Project, SECL, Korba Chhattisgarh 4. The Collector, District Korba Chhattisgarh --- Respondents And WPC No. 6313 of 2024 • Visheshar Sahu S/o Radheshyam Sahu Aged About 36 Years R/o Village Budbud, Tahsil Pali, District Korba Chhattisgarh. Versus ---Petitioner 1. South Eastern Coalfield Limited Through The Chairman Cum, Managing Director Seepat Road District Bilaspur Chhattisgarh. 2. The Chief General Manager, SECL, Korba Area, District Korba Chhasttisgah. 3. The Sub Area Manager, Saraipali Open Cast Mining Project, SECL, Korba Chhattisgarh. 4. The Collector, District Korba Chhattisgarh. --- Respondents And WPC No. 6316 of 2024 • Chhotelal S/o Faguram, Aged About 30 Years R/o Village Budbud, Tehsil Pali, District Korba Chhattisgarh Versus ---Petitioner 1. South Eastern Coalfields Ltd. Through Its Chairman Cum Managing Director, Office at Seepat Road, Bilaspur, District : Bilaspur, Chhattisgarh 2. General Manager, South Eastern Coalfields Ltd. Korba Area, Korba, District : Korba, Chhattisgarh 3. Sub Area Manager, Saraipali Open Cast Mines Project, South Eastern Coalfields Ltd., Korba, District : Korba, Chhattisgarh 4. Collector, Korba, District Korba Chhattisgarh --- Respondents And WPC No. 6318 of 2024 • Raghu Nath Chandra S/o Late Paresh Nath Chandra Aged About 33 Years Occupation - Unemployed, R/o Village And Post Budbud, Police Station Pali, Tahsil Katghora, District : Korba, Chhattisgarh ---Petitioner 5 Versus 1. South Eastern Coalfield Limited Through The Chairman Cum, Managing Director Seepat Road, District : Bilaspur, Chhattisgarh 2. The Chief General Manager SECL, Korba Area, District : Korba, Chhattisgarh 3. The Sub Area Manager Saraipali Open Cast Mining Project, SECL, Korba, Chhattisgarh. 4. The State Of Chhattisgarh Through The Collector, District : Korba, Chhattisgarh --- Respondents And WPC No. 6319 of 2024 • Shivkumar Sahu S/o Shri Sakhan Sahu, Aged About 38 Years R/o Village And Post Budbud, P.S. And Tahsil Pali, District Korba Chhattisgarh Versus ---Petitioner 1. South Eastern Coalfield Limited Through The Chairman Cum, Managing Director, Seepat Road, District Bilaspur Chhattisgarh 2. The Chief General Manager, SECL, Korba Area, District : Korba, Chhattisgarh 3. The Sub Area Manager, Saraipali Open Cast Mining Project, SECL, Korba, District : Korba, Chhattisgarh 4. The Collector, District Korba Chhattisgarh --- Respondents And WPC No. 6320 of 2024 • Manoj Kumar S/o Ashok Kumar Aged About 32 Years R/o Village Budbud, Tahsil Pali, District Korba Chhattisgarh. Versus ---Petitioner 1. South Eastern Coalfield Limited Through The Chairman Cum, Managing Director Seepat Road District Bilaspur Chhattisgarh. 2. The Chief General Manager, SECL, Korba Area, District Korba Chhattisgarh. 3. The Sub Area Manager, Saraipali Open Cast Mining Project, SECL, Korba Chhattisgarh. 4. The State Of Chhattisgarh Through The Collector, District Korba Chhattisgarh. --- Respondents And WPC No. 6321 of 2024 • Shakti Adhar Sahu S/o Narjit Sahu Aged About 32 Years R/o Village And Post Budbud, Police Station Pali Tahsil Katghora, District Korba Chhattisgarh 1. South Eastern Coalfield Limited Through The Chairman Cum Managing , Director Seepat Road District Bilaspur Chhattisgarh. Versus ---Petitioner 6 2. The Chief General Manager SECL, Korba Area , District Korba Chhattisgarh. 3. The Sub Area Manager , Saraipali Open Cast Mining Project , SECL Korba Chhattisgarh. 4. The Collector District Korba Chhattisgarh. --- Respondents And WPC No. 6322 of 2024 • Dileep Kumar S/o Lalaram, Aged About 32 Years R/o Village Budbud, Tehsil Pali, District Korba, Chhattisgarh Versus ---Petitioner 1. South Eastern Coalfields Ltd. Through Its Chairman Cum Managing Director, Office At Seepat Road, Bilaspur, Chhattisgarh 2. General Manager, South Eastern Coalfields Ltd., Korba Area, District : Korba, Chhattisgarh 3. Sub Area Manager, Saraipali Open Cast Mines Project, South Eastern Coalfields Limited, Korba, District : Korba, Chhattisgarh 4. Collector, Korba, District Korba, Chhattisgarh --- Respondents And WPC No. 6324 of 2024 • Maniram S/o Motilal Aged About 24 Years R/o Village Budbud, Tehsil Pali, District Korba, Chhattisgarh Versus ---Petitioner 1. South Eastern Coalfields Ltd. Through Its Chairman Cum Managing Director Office At Seepat Road, Bilaspur, District : Bilaspur, Chhattisgarh 2. General Manager South Eastern Coalfields Ltd. Korba, Area, Korba, District : Korba, Chhattisgarh 3. Sub Area Manager Saraipali Open Caste Mines Project, South Eastern Coalfields Ltd. Korba, District : Korba, Chhattisgarh 4. Collector Korba, District Korba, Chhattisgarh --- Respondents And WPC No. 6326 of 2024 1. Shejal Sahu D/o Santosh Kumar Sahu Aged About 22 Years Caste Sahu, Occupation - Unemployed, R/o Village And Post Budbud, P.S. Pali, Tahsil Katghora, District - Korba (C.G.) 2. Santosh Kumar Sahu S/o Tularam Sahu Aged About 48 Years Caste - Sahu, R/o Village And Post Budbud, P.S. Pali, Tahsil Katghora, District - Korba (C.G.) Versus ---Petitioners 1. South Eastern Coalfield Limited Through The Chairman Cum Managing Director Seepat Road, District - Bilaspur (C.G.) 2. The Chief General Manager Secl, Korba Area, District - Korba (C.G.) 3. The Sub Area Manager Saraipali Open Cast Mining Project, SECL, Korba (C.G.) 7 4. The State Of Chhattisgarh Through The Collector, District Korba (C.G.) --- Respondents And WPC No. 6331 of 2024 • Yashwant Kumar S/o Bhurwa Ram Aged About 33 Years R/o Village And Post Budbud, Tahsil Katghora, District Korba, Chhattisgarh, Versus ---Petitioner 1. South Eastern Coalfield Limited Through The Chairman Cum Managing Director, Seepat Road, Districrt Bilaspur, Chhattisgarh, 2. The Chief General Manager, S E C L, Korba Area, District Korba, Chhattisgarh 3. The Sub Area Manager, Saraipali Open Cast Mining Project, S E C L, Korba, District : Korba, Chhattisgarh 4. The Collector, Korba, District : Korba, Chhattisgarh --- Respondents And WPC No. 6333 of 2024 • Sunil Kumar Sahu S/o Chhavishankar Sahu Aged About 34 Years R/o Village Budbud, Tahsil Pali, District Korba, Chhattisgarh Versus ---Petitioner 1. South Eastern Coalfield Limited Through The Chairman Cum Managing Director, Seepat Road, District Bilaspur, Chhattisgarh 2. The Chief General Manager SECL, Korba Area, District Korba, Chhattisgarh 3. The Sub Area Manager Saraipali Open Cast Mining Project, SECL, Korba, District : Korba, Chhattisgarh 4. The State Of Chhattisgarh Through Collector, Korba, District : Korba, Chhattisgarh --- Respondents And WPC No. 6427 of 2024 • Hemlal S/o Lalaram, Aged About 34 Years R/o Village Budbud, Tehsil Pali, District Korba Chhattisgarh Versus ---Petitioner 1. South Eastern Coalfields Ltd. Through Its Chairman-Cum- Managing Director, Office At Seepat Road Bilaspur Chhattisgarh 2. General Manager, South Eastern Coalfields Limited Korba Area, Korba Chhattisgarh 3. Sub Area Manager, Saraipali Open Cast Mines Project, South Eastern Coalfields Limited Korba Chhattisgarh 4. Collector, Korba, District Korba, Chhattisgarh. And --- Respondents 8 WPC No. 6428 of 2024 • Hariram S/o Motichand Aged About 22 Years R/o Village- Budbud, Tehsil Pali, District- Korba, Chhattisgarh Versus ---Petitioner 1. South Eastern Coalfields Ltd. Through Its Chairman Cum Managing Director, Office At Seepat Road, Bilaspur, District : Bilaspur, Chhattisgarh 2. General Manager South Eastern Coalfields Ltd. Korba Area, Korba, District : Korba, Chhattisgarh 3. Sub Area Manager Saraipali Open Cast Mines Project, South Eastern Coalfields Ltd. Korba, District : Korba, Chhattisgarh 4. Collector Korba, District- Korba, Chhattisgarh --- Respondents And WPC No. 6429 of 2024 • Kamlesh Kumar Sahu S/o Purushottam Lal Sahu, Aged About 46 Years R/o Village And Post Budbud, P.S. Pali Tahsil Katghora, District Korba (C.G.) Versus ---Petitioner 1. South Eastern Coalfield Limited Through, The Chairman Cum, Managing Director Seepat Road District Bilaspur (C.G.) 2. The Chief General Manager, SECL, Korba Area, District Korba (C.G.) 3. The Sub Area Manager, Saraipali Open Cast Mining Project, SECL, Korba (C.G.) 4. The Collector, District Korba (C.G.) --- Respondents And WPC No. 6430 of 2024 • Bharat Kumar S/o Tankeshwsar Aged About 26 Years Caste Teli R/o Village Budbud Tahsil Pali, District Korba Chhattisgarh., District : Korba, Chhattisgarh Versus ---Petitioner 1. South Eastern Coalfield Limited Through The Chairman Cum Managing Director, Seepat Road, District : Bilaspur, Chhattisgarh 2. The Chief General Manager, SECL, Korba Area, District : Korba, Chhattisgarh 3. The Sub Area Manager, Saraipali Open Cast Mining Project, SECL, Korba, District : Korba, Chhattisgarh 4. The Collector, Korba, District : Korba, Chhattisgarh --- Respondents And WPC No. 6431 of 2024 • Prakashchandra S/o Babulal Aged About 39 Years R/o Village Budbud, Tahsil Pali, District : Korba, Chhattisgarh Versus ---Petitioner 9 1. South Eastern Coalfield Limited Through The Chairman Cum, Managing Director, Seepat Road, District Bilaspur Chhattisgarh, 2. The Chief General Manager, SECL, Korba Area, District Korba Chhattisgarh 3. The Sub Area Manager, Saraipali Open Cast Mining Project, SECL, Korba, District : Korba, Chhattisgarh 4. The State Of Chhattisgarh Through The Collector, District Korba Chhattisgarh --- Respondents And WPC No. 6432 of 2024 • Santosh Kumar Sahu S/o Ramprasad Sahu Aged About 40 Years R/o Village And Post Budbud, Tahsil Pali, District- Korba, Chhattisgarh. Versus ---Petitioner 1. South Eastern Coalfield Limited Through, The Chairman Cum, Managing Director Seepat Road District- Bilaspur, Chhattisgarh. 2. The Chief General Manager SECL, Korba Area, District- Korba, Chhattisgarh. 3. The Sub Area Manager Saraipali Open Cast Mining Project, SECL, Korba, Chhattisgarh. 4. The State Of Chhattisgarh Through The Collector District- Korba, Chhattisgarh. --- Respondents And WPC No. 6433 of 2024 • Punit Kumar S/o Subhash Chandra Aged About 29 Years R/o Village Budbud Tahsil Pali, District : Korba, Chhattisgarh Versus ---Petitioner 1. South Eastern Coalfield Limited Through, The Chairman Cum Managing, Director, Seepat Road, District Bilaspur Chhattisgarh., 2. The Chief General Manager, SECL, Korba Area, District Korba Chhattisgarh 3. The Sub Area Manager, Saraipali Open Cast Mining Project, SECL, Korba, District : Korba, Chhattisgarh 4. The Collector, Korba, District : Korba, Chhattisgarh --- Respondents And WPC No. 6435 of 2024 • Hanuman Singh S/o Chaitram Aged About 37 Years R/o Village- Budbud, Tehsil- Pali, District- Korba, Chhattisgarh Versus ---Petitioner 1. South Eastern Coalfields Ltd. Through Its Chirman Cum Managing Director, Office At Seepat Road, Bilaspur, District : Bilaspur, Chhattisgarh 2. General Manager South Eastern Coalfields Ltd. Korba Area, District : Korba, Chhattisgarh 10 3. Sub Area Manager Saraipali Open Cast Mines Project, South Eastern Coalfields Ltd., Korba, District : Korba, Chhattisgarh 4. Collector Korba, District- Korba, Chhattisgarh --- Respondents And WPC No. 6457 of 2024 • Niranjan S/o Hetram Aged About 36 Years R/o Village - Budbud, Tehsil - Pali, District - Korba, Chhattisgarh Versus ---Petitioner 1. South Eastern Coalfields Ltd. Through Its Chairman Cum Managing Director, Office At Seepat Road, Bilaspur, Chhattisgarh 2. General Manager South Eastern Coalfields Ltd., Korba Area, Korba, Chhattisgarh 3. Sub Area Manager Saraipali Open Cast Mines Project, South Eastern Coalfields Ltd., Korba, Chhattisgarh 4. Collector Korba, District Korba, Chhattisgarh --- Respondents And WPC No. 6458 of 2024 • Rajendra Kumar S/o Ganpati Lal Aged About 37 Years R/o Village And Post Budbud, Tahsil Katghora, District Korba Chhattisgarh. Versus ---Petitioner 1. South Eastern Coalfield Limited Through The Chairman Cum, Managing Director Seepat Road District Bilaspur Chhattisgarh. 2. The Chief General Manager, SECL, Korba Area, District Korba Chhattisgarh. 3. The Sub Area Manager Saraipali, Open Cast Mining Project, SECL, Korba Chhatisgarh. 4. The Collector District Korba Chhattisgarh --- Respondent(s) And WPC No. 6463 of 2024 1. Bhupendra Kumar S/o Yugul Kishore Aged About 33 Years Resident Of Village Budbud. Tehsil Pali, District Korba, Chaattisgarh 2. Arjun S/o Chandrakant Aged About 25 Years Resident Of Village Budbud. Tehsil Pali, District : Korba, Chhattisgarh 3. Pushpendra Kumar S/o Brijbhushan Aged About 28 Years Resident Of Village Budbud. Tehsil Pali, District : Korba, Chhattisgarh 4. Amit Kumar S/o Narendra Singh Aged About 36 Years Resident Of Village Budbud. Tehsil Pali, District : Korba, Chhattisgarh 5. Gopal Prasad S/o Harendra Kumar Aged About 32 Years Resident Of Village Budbud. Tehsil Pali, District Korba, Chaattisgarh 6. Ram Prasad S/o Uday Ram Aged About 33 Years Resident Of Village Budbud. Tehsil Pali, District Korba, Chaattisgarh 7. Rishi Kumar S/o Nehrulal Aged About 30 Years Resident Of Village Budbud. Tehsil Pali, District Korba, Chaattisgarh 8. Khageshwar S/o Nandu Ram Aged About 31 Years Resident Of Village Budbud. Tehsil Pali, District Korba, Chaattisgarh 11 9. Manoj Kumar S/o Jagan Ram Aged About 28 Years Resident Of Village Budbud. Tehsil Pali, District Korba, Chaattisgarh 10. Ajay Kumar S/o Durga Das Aged About 25 Years Resident Of Village Budbud. Tehsil Pali, District Korba, Chaattisgarh 11. Narendra Kumar S/o Ramnarayan Aged About 26 Years Resident Of Village Budbud. Tehsil Pali, District Korba, Chaattisgarh 12. Sunder Lal S/o Guharam Aged About 32 Years Resident Of Village Budbud. Tehsil Pali, District Korba, Chaattisgarh 13. Umesh Kumar S/o Thandaram Aged About 28 Years Resident Of Village Budbud. Tehsil Pali, District Korba, Chaattisgarh 14. Sant Kumar S/o Dhani Das Aged About 24 Years Resident Of Village Budbud. Tehsil Pali, District Korba, Chaattisgarh 15. Dhaneshwar Prasad S/o Dadulal Aged About 29 Years Resident Of Village Budbud. Tehsil Pali, District Korba, Chaattisgarh Versus ---Petitioners 1. South Eastern Coalfields Ltd. Through Its Chairman Cum Managing Director,office At Sipat Road, Bilaspur, District : Bilaspur, Chhattisgarh 2. General Manager South Eastern Coalfields Ltd., Korba Area, Korba, C District : Korba, Chhattisgarh 3. Sub Area Manager Saraipali Open Cast Mines Project, South Eastern Coalfields Ltd., Korba, District : Korba, Chhattisgarh 4. Collector Korba, District : Korba, Chhattisgarh --- Respondents And WPC No. 6465 of 2024 • Pushpendra Kumar Sahu S/o Bijendra Kumar Sahu Aged About 37 Years R/o Village Budbud, Tahsil- Pali, District- Korba, Chhattisgarh, Versus ---Petitioner 1. South Eastern Coalfield Limited Through The Chairman Cum, Managing Director Seepat Road, District- Bilaspur, Chhattisgarh, 2. The Chief General Manager, SECL, Korba Area, District- Korba, Chhattisgarh 3. The Sub Area Manager, Saraipali Open Cast Mining Project, SECL, Korba, District : Korba, Chhattisgarh 4. The Collector, District- Korba, Chhattisgarh --- Respondents And WPC No. 6466 of 2024 • Kamlesh Kumar S/o Dular Say Aged About 32 Years Caste Teli R/o Village Budbud Tahsil Pali District Korba (C.G.) Versus ---Petitioner 1. South Eastern Coalfield Limited Through The Chairman Cum Managing, Director, Seepat Road, District Bilaspur (C.G.) 2. The Chief General Manager, SECL, Korba Area, District Korba (C.G.) 3. The Sub Area Manager, Saraipali Open Cast Mining Profect, SECL, Korba (C.G) 4. The Collector, District Korba (C.G.) --- Respondents 12 For Petitioners : Mr. Ashok Kumar Shukla, Advocate For Respondents/SECL : Mr. Vaibhav Shukla, Mr. Sudhir Bajpai, Mr. Vinod Deshmukh, Mr. Sameer Behar, Mr. Rahul Mishra, Mr. Pankaj Agrawal, Mr. Rakshit Tiwari, Mr. Shailendra Shukla, Mr. Nitikesh Gupta, Ms. Priya Mishra and Mr. Dinozh Bole in their respective petitions For. Respondent/State : Mr. S.P. Kale, Additional Advocate General with Mr. Lav Sharma, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 15/01/2025 1. Since all the above writ petitions involve common questions of fact and
Decision
law, they are being disposed of by this common order. 2. The State Government had initiated land acquisition proceedings in the year 2005 for the ‘Saraipali Open Cast Project’ of the respondent/Sub Area Manager, Saraipali, Open Cast Mining Project, SECL, Korba. The award of said acquisition proceedings was passed on 06.09.2007 in Land Acquisition Proceeding Case No. 10A/82/2004- 05. There were a total of 856 land oustees. It was agreed by the SECL to provide employment to one of the family members of each land oustee as per the Rehabilitation Policy of 1991 issued by the erstwhile State of Madhya Pradesh. After the passing of the award, compensation was paid to the land oustees by SECL, but employment was offered according to the Rehabilitation and Resettlement Policy of Coal India Limited, 2012 and not according to the Policy of 1991, which was prevalent at the time of land acquisition. According to the Policy of 2012, the land oustees having land less than 2 acres would not be entitled to get employment. The applications/representations of some of the petitioners have been rejected by the SECL authorities. 13 The petitioners have filed these petitions seeking a direction to the respondent authorities to provide employment according to the Rehabilitation Policy of 1991, which was in existence at the time of land acquisition. There is a prayer by some of the petitioners to quash the orders passed by the SECL authorities, whereby their claims have been rejected. 3. Mr. Ashok Kumar Shukla, learned counsel appearing for the petitioners would submit that the issue involved in the present case is no more res integra. He would contend that a similar issue was raised in the matter of Pyarelal vs. South Eastern Coalfields Ltd. and Others and connected matters passed in WPC No 3076 of 2016, dated 11- 09-2017, and the coordinate bench of this Court directed the respondent authorities to consider the case of the petitioners for rehabilitation / employment strictly in accordance with the Policy on the date of acquisition of their lands within 45 days. 4. On the other hand, learned respective counsel appearing for the SECL would oppose. They would submit that the petitioners have no right to claim employment according to the Rehabilitation Policy of 1991. They would further submit that some of the petitioners are not original land oustees. They would also submit that the Rehabilitation and Resettlement Policy of Coal India Limited, 2012, provides that if any of the land oustee has less than 2 acres of land, he would not be entitled to get employment. They would further contend that it would not be possible for the SECL to provide employment to each and every affected family. They would also contend that the full and final compensation has already been paid to the land oustees. They would argue that these petitions deserve to be dismissed. 14 5. I have heard learned counsel for the parties and perused the documents. 6. In the matter of Pyarelal (supra), a similar issue was raised and the coordinate bench in Para-65 of its judgment directed the SECL to provide employment strictly in accordance with the Rehabilitation Policy applicable on the date of acquisitions of land within 45 days. 7. In the present case, the proceedings with regard to land acquisition were initiated in the year 2005 and the award was passed on 06.09.2007 and at that time, the Rehabilitation Policy of 1991 was in force. The Rehabilitation and Resettlement Policy of Coal India Limited, 2012 was floated in the year 2012 and certainly, it would not attract the cases of the petitioners. 8. In the matter of Pyarelal (supra), the coordinate bench of this Court in Para-65 held as under:- “65. Right of the land losers to get employment as per the rehabilitation policy is extremely important right and that has to be considered in accordance with law and in accordance with the policy in force on the date of acquisition of their land and subsequent change in policy will not take away their accrued right, if any, that has accrued to them by acquisition of their lands. Thus, the benefit of rehabilitation and employment to land oustee is logical corollary of Article 21 of the Constitution of India and denial of employment is violative of Articles 14 and 15 of the Constitution of India as well as Article 21. Therefore, the respondents are directed to consider the case of the petitioners for rehabilitation / employment strictly in accordance with the policy applicable on the date of acquisition of their land i.e. the date of acquisition and such consideration should be made by SECL within 45 days from the date of production of a copy of this order.” 9. A specific query was made from the respective counsels appearing for SECL as to whether the order passed in the matter of Pyarelal 15 (supra) has been assailed before the Superior Court or not. The counsels fairly submitted that the order dated 11.09.2017 has not been challenged and thus, it attained finality. 10. In the matter of Pyarelal (supra), it is categorically observed that the benefit of rehabilitation and employment to land oustee is logical corollary of Article 21 of the Constitution of India and denial of employment is violative of Articles 14 and 15 of the Constitution of India as well as Article 21 and the Policy applicable on the date of acquisition of the land would be applicable, therefore, in the opinion of this Court, the respondent authorities should consider the claim of the petitioners strictly in light of the observations made in the matter of Pyarelal (supra). The orders, if any, passed against any of the petitioners by the SECL are hereby quashed. The SECL/respondents are directed to consider the claims of the petitioners within a period of 45 days from the date of receipt of a copy of this order. 11. Consequently, all the above-captioned petitions are disposed of. No Cost(s). Sd/- (Rakesh Mohan Pandey) Judge vatti