✦ High Court of India

Kishan Sahu S/o Santosh Kumar Sahu Aged About 28 Years R/o Village and Post v. 1 - South Eastern Coalfield Limited Through The Chairman Cum, Managing Director Seepat Road

Case Details

-1- Digitally signed by NADIM MOHLE 2025:CGHC:2847 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6291 of 2024 Kishan Sahu S/o Santosh Kumar Sahu Aged About 28 Years R/o Village and Post Budbud Tahsil Pali District Korba Chhattisgarh. versus 1 - South Eastern Coalfield Limited Through The Chairman Cum, Managing Director Seepat Road, District Bilaspur Chhattisgarh. ... Petitioner 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 ... Respondent(s) with WPC No. 6292 of 2024 Durga Prasad S/o Kireet Ram Aged About 37 Years R/o Village Budbud, Tahsil Pali, District- Korba, Chhattisgarh, District : Korba, Chhattisgarh --- Petitioner versus 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 Chhattisgarh : Korba, 3 - The Sub Area Manager, Saraipali Open Cast Mining Project, SECL, Korba, Chhattisgarh : Chhattisgarh, District Korba, 4 - The Collector, District- Korba, Chhattisgarh, District : Korba, Chhattisgarh. -2- with WPC No. 6296 of 2024 ---- Respondents Rajesh Kumar S/o Late Birbal Caste Teli Aged About 36 Years R/o Village Budbud Tahsil Pali, District Korba, Chhattisgarh. --- Petitioner versus 1 - South Eastern Coalfield Limited SECL, Korba Area, District Korba, 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. --- Respondent(s) with WPC No. 6469 of 2024 Dinesh Kumar S/o Anil Kumar, Aged About 35 Years R/o Village And Post Budbud, Tahsil Pali, District Korba Chhattisgarh, District : Korba, Chhattisgarh versus 1 - South Eastern Coalfield Limited Saraipali Open Cast Mining Project, SECL, Korba Chhattisgarh, District : Bilaspur, Chhattisgarh. 2 - The Chief General Manager, SECL, Korba Area, District Korba Chhattisgarh, District : Korba, Chhattisgarh. --- Petitioner 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. --- Respondent(s) With WPC No. 6314 of 2024 Shyam Kumar S/o Babulal Caste Teli Aged About 40 Years R/o Village Budbud P.S. And Tahsil Pali District Korba Chhattisgarh. ... Petitioner versus 1 - South Eastern Coalfield Limited Thorugh The Chairman Cum Managing, Director, Chhattisgarh. Seepat Bilaspur District Road, -3- 2 - The Chief General Manager, Secl, Korba Area, District Korba Chhattisgarh. 3 - The Sub Area Manager, Saraipali Open Caste Mining Project, Secl, Korba Chhattisgarh. 4 - The Collector, District Korba Chhattisgarh. ... Respondent(s) with WPC No. 6323 of 2024 Shashi Kumar S/o Keshav Prasad Aged About 31 Years R/o Village Budbud, Tahsil Pali, District- Korba (C.G.). ... Petitioner versus 1- South Eastern Coalfield Limited Through- The Chaiman 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.). ... Respondent(s) with WPC No. 6325 of 2024 Dinesh Kumar S/o Kanwal Prasad Aged About 26 Years R/o Village And Post Budbud, Tahsil Katghora, District Korba Chhattisgarh ... Petitioner versus 1 - South Eastern Coalfield Limited Through The Chairman Cum, Managing Director Chhattisgarh. Seepat Bilaspur District Road 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. ... Respondent(s) with WPC No. 6426 of 2024 Nandkishor Dewangan S/o Late Rikhiram Dewangan Aged About 37 Years R/o Village And Post Budbud, Police Station And Tahsil Katghora, District Korba, Chhattisgarh., District : Korba, Chhattisgarh ... Petitioner -4- versus 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 : Chhattisgarh Korba, 3 - The Sub Area Manager Saraipali Open Cast Mining Project, Secl, Korba, Chhattisgarh : Chhattisgarh., District Korba, 4 - The Collector District Korba, Chhattisgarh., District : Korba, Chhattisgarh ... Respondent(s) with WPC No. 6434 of 2024 Tejlal Sahu S/o Late Chhedi Lal Sahu Aged About 31 Years Caste Teli, R/o Village Budbud Tahsil Pali District Korba Chhattisgarh ... Petitioner versus 1 - South Eastern Coalfield Limited Through, The Chairman Cum Managing Director, Chhattisgarh Seepat Bilaspur District Road, 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 4 - The Collector District Korba Chhattisgarh ... Respondent(s) For Petitioners

Legal Reasoning

: Mr. Ashok Kumar Shukla, Advocate with Ms. Prakriti Deo, Advocate For respective Respondents : Mr. S. P. Kale, Additional Advocate General Mr. Vinod K. Deshmukh, Advocate & Mr. Sudhir Kumar Bajpai, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 15.01.2025 -5- 1) By way of these writ petitions, the petitioners are seeking a direction to the respondent authorities to provide them with employment in lieu of the acquisition of their lands as per the Rehabilitation Policy of 1991, which was in force at the time when their land was acquired. 2) Learned counsel appearing for the petitioners would submit that the State Government initiated a process of land acquisition in 2005 for the ‘Saraipali Open Cast Project’ of Respondent No. 3 for coal mining. He would further submit that the award for the said acquisition was passed on 06.09.2007, and a total of 856 persons were displaced from their lands for the project. He would also submit that during the acquisition proceedings, respondent No. 3 had agreed to provide employment to one member of each displaced family as per the Rehabilitation Policy of 1991 issued by the State of Madhya Pradesh. He would contend that Respondent No. 3 took possession of the land and later on, did not offer employment to the petitioners for the reason that their landholding is less than 2 acres, and the claim of the petitioners is not covered under the 2012 Policy; thus, he prays that these petitions may be allowed, and the respondent authorities may be directed to provide employment to the petitioners. 3) On the other hand, learned counsel appearing for the respondents-SECL submits that the original land owners have already been paid compensation. It is also submitted that according to the rehabilitation and resettlement policy, there was an assurance to provide employment to one of the family members of the land -6-

Decision

oustees. He would contend that the writ petitioners moved applications along with affidavits for the grant of additional compensation in lieu of employment and those applications were accepted by the SECL. He would contend that the petitioners have not disclosed these facts in their representation, therefore, these writ petitions deserve to be dismissed. 4) Heard learned counsel for the parties and perused the return filed by the SECL and also perused the applications along with affidavits filed by the petitioners for the grant of additional compensation in lieu of employment and the amount paid to the petitioners/land oustees. 5) A perusal of the applications would show that the petitioners moved applications along with affidavits before the SECL authorities for the grant of additional compensation in lieu of the employment and those applications were accepted by the SECL authorities. The petitioners/land oustees were paid additional compensation in lieu of the employment. The chart as per the return filed by the SECL authorities is as follows:- S. No.Petition Name of the original land oustees Land Survey Number Total land acquired (in acres) Compensation amount Date of payment Mode of payment 1. WPC/ Kalpi Devi 642/2 0.05 acre 5₹ 0,000/- 6291/2024 (kha) 25.10.202 3 Bank Transfer 2. WPC/ 6292/2024 Jayram Motiram 283/6 / ₹ 0.16 acre 80,000/- 22.07.202 3 Bank Transfer (ta) 3. WPC/ 6296/2024 Birbal Samar Singh 199/3 / ₹ 27.01.202 0.05 acre 75,000/- paid 2 to Vijay Bai and 03 others Bank Transfer -7- 4. WPC/ 6469/2024 Lakhan Lal / Shyamji 660/4 0.13 acre ₹ 65,000/- 5. WPC/ 6314/2024 298/2 Smt. Savitri Devi / Murli Manohar 0.10 acre ₹ 60,000/- 6. WPC/ 6323/2024 Shiv Balak / Jagat Ram 478/2 ₹ 0.10 acre 50,000/- 7. WPC/ 6325/2024 Dilip Kumar / Premnath 398/3 0.25 acre ₹ 1,25,000/- 8. WPC/ Rikhi Ram 414 / 1, ₹ 0.37 acre 1,85,000/- 6426/2024 415 / 1 9. WPC/6434 /2024 424/9 Jageshwari Bai / Gaya Prasad 0.40 acre ₹ 2,00,000/- 10.03.202 2 Bank Transfer 11.03.202 2 Bank transfer 29.04.202 3 Bank Transfer 20.08.201 8 Cheque 29.09.202 2 Bank Transfer 06.03.201 9 Bank Transfer 6) Taking into consideration the fact that the petitioners have already accepted the additional compensation in lieu of employment, therefore, nothing survives for adjudication. Consequently, these writ petitions fail and are hereby dismissed. However, the petitioners would be at liberty to approach this Court if the cause of action still survives. Sd/- (Rakesh Mohan Pandey) Judge Nadim

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