Biharilal S/o Bhurwa Ram, Aged About 56 Years R/o Gram Ralia, Post Mudhali Tahsil v. 1 - South Eastern Coalfields Ltd Through The Director
Case Details
1 2025:CGHC:12608 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1559 of 2018 Biharilal S/o Bhurwa Ram, Aged About 56 Years R/o Gram Ralia, Post Mudhali Tahsil Katghora, District Korba (Chhattisgarh), ---Petitioner Versus 1 - South Eastern Coalfields Ltd Through The Director (Personnel), Seepat Road, Bilaspur (Chhattisgarh). 2 - Chief General Manager, South Eastern Coalfields Ltd., Gavera Extension Opencast Project, Gavera Area, District Korba (Chhattisgarh). 3 - Land Revenue Officer South Eastern Coalfields Ltd., Office Of The General Manager, Gavera Extension Opencast Project, Gavera Area, District Korba (Chhattisgarh). 4 - Collector, Korba, District Korba (Chhattisgarh). --- Respondent(s) And WPS No. 1560 of 2018 Chandrashekhar S/o Late Heram Singh, Aged About 46 Years R/o Gram Ralia, Post Mudhali Tahsil Katghora, District Korba (Chhattisgarh) ---Petitioner Versus 2 1 - South Eastern Coalfields Ltd. Through The Director (Personnel), Seepat, Road, Bilaspur (Chhattisgarh). 2 - Chief General Manager, South Eastern Coalfields Ltd., Gavera Extension Opencast Project, Gavera Area, District Korba (Chhattisgarh). 3 - Land Revenue Officer, South Eastern Coalfields Ltd., Office Of The Geneal Manager, Gavera Extension Opencast Project, Gavera Area, District Korba (Chhattisgarh). 4 - Collector, Korba, District Korba Chhattisgarh.. --- Respondent(s) And WPS No. 1548 of 2018 Kaushal Prasad S/o Kholbahara, Aged About 44 Years R/o Gram Ralia, Post Mudhali, Tahsil Katghora, District Korba, Chhattisgarh. ---Petitioner Versus 1 - South Eastern Coalfields Ltd. Through The Director (Personnel) Seepat Road, Bilaspur, Chhattisgarh. 2 - Chief General Manager, South Eastern Coalfields Ltd. Gavera Extension Opencast Project Gavera Area, District Korba, Chhattisgarh. 3 - Land Revenue Officer, South Eastern Coalfields Ltd. Office Of The General Manager, Gavera Extension Opencast Project, Gavera Area District Korba, Chhattisgarh 4 - Collector, Korba, District Korba, Chhattisgarh. --- Respondent(s) 3 And WPS No. 1550 of 2018 Ku. Babita Adile D/o Late Jaitram, Aged About 30 Years R/o Gram Ralia, Post Mudhali, Tahsil Katghora, District Korba, Chhattisgarh. ---Petitioner Versus 1 - South Eastern Coalfields Ltd. Through The Director (Personnel) Seepat Road, Bilaspur, Chhattisgarh. 2 - Chief General Manager, South Eastern Coalfields Ltd. Gavera Extension Opencast Project Gavera Area, District Korba, Chhattisgarh. 3 - Land Revenue Officer, South Eastern Coalfields Ltd. Office Of The General Manager, Gavera Extension Opencast Project, Gavera Area District Korba, Chhattisgarh 4 - Collector, Korba, District Korba, Chhattisgarh. --- Respondent(s) And WPS No. 1551 of 2018 Bhim Prasad S/o Mannu Lal Aged About 46 Years R/o Gram Podi, Post Mudhali Tahsil Katghora, District Korba (Chhattisgarh) Presently R/o Khokhara, Tahsil Janjgir Champa (Chhattisgarh), District : Janjgir- Champa, Chhattisgarh ---Petitioner Versus 1 - South Eastern Coalfields Ltd. Through The Director (Personnel), Seepat, Road, Bilaspur (Chhattisgarh) 2 - Chief General Manager, South Eastern Coalfields Ltd., Gavera Extension Opencast Project, Gavera Area, District Korba (Chhattisgarh) 4 3 - Land Revenue Officer, South Eastern Coalfields Ltd., Office Of The General Manager, Gavera Extension Opencast Project, Gavera Area, District Korba (Chhattisgarh). 4 - Collector, Korba, District Korba Chhattisgarh. --- Respondent And WPS No. 2853 of 2018 Vimal Kumar S/o Sukharu Ram Aged About 26 Years R/o Village Hardibazar, Tahsil Pali, District Korba Chhattisgarh. ---Petitioner Versus 1 - South Eastern Coalfields Limited Through Its Chairman Cum Managing Director, Head Office, Basant Vihar, Seepat Road, Bilaspur, District Bilaspur Chhattisgarh. 2 - Chief General Manager, S.E.C.L., Gevra Area Korba, District Korba Chhattisgarh. 3 - General Manager, S.E.C.L., Gevra Area Korba, District Korba Chhattisgarh. 4 - Staff Officer (Land Revenue), South Eastern Coalfields Limited, Gevra Area, Korba, District Korba Chhattisgarh. 5 - Collector, Korba, District Korba Chhattisgarh. --- Respondent(s) And WPS No. 2869 of 2018 Ramkali D/o Usatram Aged About 36 Years R/o Village Hardibazar, Tahsil Pali, District- Korba, Chhattisgarh. 5 Versus ---Petitioner 1 - South Eastern Coalfields Limited, Bilasupr, District : Bilaspur, Chhattisgarh 2 - Chief General Manager, S. E. C. L. Gevra Area Korba, District- Korba, Chhattisgarh. 3 - General Manager, S.E. C. L. Gevra Area Korba, District- Korba, Chhattisgarh. 4 - Staff Officer (Land Revenue), South Eastern Coalfields Limited, Gevra Area, Korba, District- Korba, Chhattisgarh. 5 - Collector, Korba, District- Korba, Chhattisgarh. --- Respondent(s) And WPS No. 2310 of 2018 Sant Ram Yadav S/o Late Sukh Singh Aged About 50 Years R/o Gram- Bhataura, Post- Bhilai Bazar Tahsil- Katghora, District Korba, Chhattisgarh. ---Petitioner Versus 1 - South Eastern Coalfields Ltd. Through The Director (Personnel), Seepat, Road, Bilaspur, Chhattisgarh. 2 - Chief General Manager, South Eastern Coalfields Ltd. Gavera Extension Opencast Project, Gavera Area, District- Korba, Chhattisgarh. 3 - Land Revenue Officer, South Eastern Coalfields Ltd. Office Of The General Manager, Gavera Extension Opencast Project, Gavera, Area, District- Korba, Chhattisgarh. 6 4 - Collector, Korba, District- Korba, Chhattisgarh. --- Respondent(s) And WPS No. 2327 of 2018 Shivsant Sahu S/o Dilharan Aged About 45 Years R/o Village Shiud, Holha Chowk, Tahsil Navagarh, District- Janjgir- Champa, Chhattisgarh. ---Petitioner Versus 1 - South Eastern Coalfields Ltd. Through The Director (Personnel), Seepat Road Bilaspur, Chhattisgarh. 2 - Chief General Manager, South Eastern Coalfields Ltd. Gavera Extension Opencast Project, Gavera Area, District- Korba, Chhattisgarh. 3 - Land Revenue Officer, South Eastern Coalfields Ltd. Office Of The General Manager, Gavera Extension Opencast Project, Gavera Area, District- Korba, Chhattisgarh. 4 - Collector, Korba, District- Korba, Chhattisgarh. --- Respondent(s) And WPS No. 2328 of 2018 Panchram Rathore S/o Late Radhelal Rathore , Aged About 52 Years R/o Gram Bhataura , Post Bhilai Bazar Tahsil - Katghora District Korba Chhattisgarh. ---Petitioner Versus 7 1 - South Eastern Coalfields Ltd. Through The Director ( Personnel ) Seepat Road Bilaspur Chhattisgarh. 2 - Chief General Manager , South Eastern Coalfields Ltd. Gavera Extension Opencast Project Gavera Area, District Korba Chhattisgarh. 3 - Land Revenue Officer South Eastern Coalfields Ltd. Office Of The General Manager , Gavera Extension Opencast Project Gavera Area, District Korba Chhattisgarh. 4 - Collector , Korba District Korba Chhattisgarh. --- Respondent(s) And WPS No. 2325 of 2018 Dilharan Das S/o Charan Das Aged About 52 Years R/o Gram- Ralia, Post- Mudhali Tahsil Katghora, District Korba, Chhattisgarh., District : Korba, Chhattisgarh ---Petitioner Versus 1 - South Eastern Coalfields Ltd. Through The Director (Personnel), Seepat, Road Bilaspur, Chhattisgarh. 2 - Chief General Manager, South Eastern Coalfields Ltd. Gavera Extension Opencast Project, Gavera Area, District- Korba, Chhattisgarh. 3 - Land Revenue Officer, South Eastern Coalfields Ltd. Office Of The General Manager, Gavera Extension Opencast Project, Gavera Area, District- Korba, Chhattisgarh. 4 - Collector, District- Korba, Chhattisgarh., --- Respondent(s) 8 And WPS No. 2316 of 2018 Meena Kumari D/o Dev Prasad Aged About 38 Years R/o Gram Bhataura, District Korba Chhattisgarh., District : Korba, Chhattisgarh ---Petitioner Versus 1 - South Eastern Coalfields Ltd. Through The Director (Personnel), Seepat, Road Bilaspur Chhattisgarh. 2 - Chief General Manager, South Eastern Coalfields Ltd., Gavera Extension Opencast Project, Project, Gavera Area, District Korba Chhattisgarh. 3 - Land Revenue Officer, South Eastern Coalfields Ltd., Office Of The General Manager, Gavera Extension Opencast Project, Gavera Area, District Korba Chhattisgarh. 4 - Collector, Korba, District Korba Chhattisgarh. --- Respondent(s) And WPS No. 2000 of 2018 Seema Kumari D/o Dev Prasad Aged About 36 Years R/o Gram Bhataura, District Korba Chhattisgarh., District : Korba, Chhattisgarh ---Petitioner Versus 1 - South Eastern Coalfields Ltd. Through The Director (Personnel), Seepat, Road, Bilaspur Chhattisgarh. 2 - Chief General Manager, South Eastern Coalfields Ltd. Gavera Extension Opencast Project, Gavera Area, District Korba Chhattisgarh. 9 3 - Land Revenue Officer, South Eastern Coalfields Ltd., Office Of The General Manager, Gavera Extension Opencast Project, Gavera Area, District Korba Chhattisgarh. 4 - Collector Korba District Korba Chhattisgarh. --- Respondent(s) And WPS No. 3209 of 2018 Rajesh Kumar Sahu S/o Makhan Lal Sahu Aged About 41 Years R/o Gram- Bahanpath Post- Bhilai Bazar- Tahsil- Katghora, District- Korba, Chhattisgarh. ---Petitioner Versus 1 - South Eastern Coalfields Ltd Through The Director (Personnel), Seepat, Road Bilaspur, Chhattisgarh. 2 - Chief General Manager, South Eastern Coalfields Ltd, Gavera Extension Opencast Project, Gavera, Area, District- Korba, Chhattisgarh. 3 - Land Revenue Officer, South Eastern Coalfields Ltd. Office Of The General Manager, Gavera, Extension Opencast Project, Gavera Area, District- Korba, Chhattisgarh. 4 - Collector, Korba, District- Korba, Chhattisgarh. --- Respondent(s) And WPS No. 4831 of 2018 Santra Bai W/o Padum Singh Aged About 33 Years D/o Late Chain Singh, R/o Village Murli, Basti, Tahsil Pali, District Korba, Chhattisgarh. 10 Versus ---Petitioner 1 - South Eastern Coalfields Limited Through Its Chairman Cum Managing Director, Head Office, Basant Vihar, Seepat Raod, Bilaspur, District Bilaspur, Chhattisgarh. 2 - Chief General Manager, S. E. C. L. Gevra, Area Korba, District Korba, Chhattisgarh. 3 - General Manager, S. E. C. L. Gevra, Area Korba, District Korba, Chhattisgarh. 4 - Staff Officer Land Revenue South Eastern Coalfields Limited, Gevra Area, Korba District Korba, Chhattisgarh. 5 - Collector Korba, District Korba, Chhattisgarh. --- Respondent(s) And WPS No. 2995 of 2018 Samel Bharati S/o Maniram Aged About 19 Years R/o Village Hardibazar, Tahsil Pali, District- Korba, Chhattisgarh. ---Petitioner Versus 1 - South Eastern Coalfields Limited, Through Its Chairman- Cum- Managing Director, Head Office, Basant Vihar, Seepat Road, Bilaspur, District- Bilaspur, Chhattisgarh. 2 - Chief General Manager, S. E. C. L. Gevra Area Korba, District- Korba, Chhattisgarh. 3 - General Manager, S. E. C. L. Gevra, Area Korba, District- Korba, Chhattisgarh., 11 4 - Staff Officer (Land Revenue), South Eastern Coalfields Limited, Gevra Area, Korba, District Korba, Chhattisgarh. 5 - Collector Korba, District- Korba, Chhattisgarh., --- Respondent(s) And WPS No. 1961 of 2018 Devendra Kumar Rathore S/o Bharatlal Rathore Aged About 31 Years R/o Near Dhima Talab, Janjgir- District Janjgir- Champa, Chhattisgarh. ---Petitioner Versus 1 - South Eastern Coalfields Ltd. Through The Director (Personnel), Seepat, Road Bilaspur, Chhattisgarh. 2 - Chief General Manager, South Eastern Coalfields Ltd. Gavera Extension Opencast Project, Gavera Area, District- Korba, Chhattisgarh. 3 - Lan Revenue Officer, South Eastern Coalfields Ltd. Office Of The General Manager, Gavera Extension Opencast Project, Gavera Area, District- Korba, Chhattisgarh. 4 - Collector, Korba, District- Korba, Chhattisgarh. --- Respondent(s) (Cause Title is taken from CIS Software) For Petitioners
Legal Reasoning
: Mr. Shubham Dewangan, Mr. Sanjay Kumar Agrawal, Mr. Alok Kumar Dewangan and Mr. Basant Kaiwartya, Advocates. For : Mr. V.R. Tiwari, Sr. Advocate assisted by Mr. 12 Respondent(s)/ Atul Kesharwani and Mr. R.L. Rajak, SECL Advocates, Mr. Abhishek Sinha, Sr. Advocate assisted by Mr. Vaibhav Shukla and Ms. Shrishti Upadhyay, Mr. Sudhir Kumar Bajpai, and Mr. Rahul Mishra, Advocates. For : Mr. Ajay Pandey, G.A. and Mr. Devesh G. Respondent/State Kela, P.L. Hon’ble Smt. Justice Rajani Dubey (Order on Board) 06/03/2025 1. Heard Mr. Shubham Dewangan, Mr. Sanjay Kumar Agrawal, Mr. Alok Kumar Dewangan and Mr. Basant Kaiwartya, Advocates, for the respective petitioners. Also heard Mr. V.R. Tiwari, Sr. Advocate assisted by Mr. Atul Kesharwani and Mr. R.L. Rajak, Advocates, Mr. Abhishek Sinha, Sr. Advocate assisted by Mr. Vaibhav Shukla and Ms. Shrishti Upadhyay, Mr. Sudhir Kumar Bajpai, and Mr. Rahul Mishra, Advocates for respondents/SECL authorities & Mr. Ajay Pandey, Govt. Advocate and Mr. Devesh G. Kela, P.L. for the State. 2. By way of aforesaid 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 respective land was acquired. 3. Learned counsel appearing for the respective petitioners would 13 submit that the Central Government had initiated land acquisition proceedings in the year 2001 under the Coal Bearing Areas (Acquisition and Development) Act, 1957 (for short ‘the Act, 1957’) and in the aforesaid cases final award has been passed in the year 2012 and the petitioners were displaced from their land for the project. Learned counsel would further 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. It was contended 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 was not covered under the 2012 Policy, thus, it was prayed that these petitions may be allowed and the respondent authorities may be directed to provide employment to the petitioners. 4. On the other hand, learned counsel appearing for the respondents/SECL authorities submits that the original land owners have already been paid compensation. It was 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 oustees. They would contend that
Decision
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. It was also submitted 14 that the petitioners have not disclosed these facts in their representation, therefore, these writ petitions deserve to be dismissed. 5. 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 grant of additional compensation in lieu of employment and the amount paid to the petitioners/land oustees. 6. 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.N. Petition Name of Land Total Compens Date of Mode of the original Survey Land ation payment payment land No. acquire amount oustees d (in acres) 1. WPS Panchram 2/12,27/ 0.33 1,65,000/- 19.08.2015 Bank 2328/2018 4, acre Transfer 29/4,37/ 4 2. WPS Kaushal 134/1 0.32 1,60,000/- 09.09.2013 Bank 1548/2018 Prasad acre Transfer 3. WPS Praful 152/34 0.05 50,000/- 25.02.2023 Bank 2853/2018 Kumar acre Transfer 15 4. WPS Laita, -- -- 1,25,000/- 30.08.2014 Bank 1550/2018 Sarita, Transfer Deepak Kumar 5. WPS Santram 50/2, 0.30 1,50,000/- 06.04.2016 Bank 2310/2018 52/9, acre Transfer 388/4, 373/1, 374/9, 334/5 6. WPS Shiv Sant 93/8 2327/2018 0.12 acre 60,000/- 06.06.2013 Bank Transfer 7. WPS Ram Kali 152/136 0.05 50,000/- 24.06.2013 Bank 2869/2018 acre Transfer 8. WPS Chandra 507/12 0.10 50,000/- 10.04.2013 Bank 1560/2018 Shekhar acre Transfer 9. WPS Meena 27/10, 0.25 1,25,000/- 07.08.2015 Bank 2316/2018 Kumari 29/10, acre Transfer 37/10 10. WPS Bharat Lal 276/2 0.36 1,80,000/- 22.08.2013 Bank 1961/2018 Rathore acre Transfer 11. WPS Makhan 115/2 0.05 50,000/- 07.07.2015 Bank 3209/2018 Lal acre Transfer 12. WPS Charan 258/14 0.04 50,000/- 29.06.2015 Bank 2325/2018 Das acre Transfer 13. WPS Sukmat 125/1 0.33 1,65,000/- 23.04.2015 Bank 4831/2018 Bai acre Transfer 14. WPS Seema 02/30 0.25 1,25,000/- 07.08.2015 Bank 2000/2018 Kumari acre Transfer 15. WPS Bihari Lal 84/2, 0.27 1,35,000/- 28.08.2014 Bank 1559/2018 85/1, acre Transfer 107/2, 16. WPS Bhim 110/13 0.11 55,000/- 20.12.2014 Bank 1551/2018 Prasad acre Transfer 17. WPS Robin Bhai 152/135 0.05 50,000/- 24.06.2013 Bank 2995/2018 16 acre Transfer 7. Taking into consideration the fact that the petitioners have already accepted the additional compensation in lieu of employment, therefore, nothing survives for adjudication in these petitions. 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/- (Rajani Dubey) JUDGE pekde Digitally signed by VIJAY BHARATRAO PEKDE