Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:11704
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1309 of 2025 1 - Mulchand S/o Ramlal Aged About 65 Years R/o Village - Jhingatpur (Batari), Tahsil - Katghora, District - Korba Chhattisgarh
... Petitioner(s) versus 1 - South Eastern Coalfields Limited, Through Its Chairman-Cum- Managing Director, Secl Head Quarter, Seepat Road, Sarkanda, District - Bilaspur Chhattisgarh 2 - The Chief General Manager Secl Kusmunda Area, Tahsil - Katghora, District Korba Chhattisgarh 3 - The General Manager Secl Gevra Area, Gevra Project, District Korba Chhatitsgarh 4 - The Staff OfÏcer (Land-Revenue) Secl, Gevra Area, Gevra Project, District - Korba Chhattisgarh SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.03.10 17:11:36 +0530
2 5 - The Staff OfÏcer (Land-Revenue) Secl, Deepka Area, Deepka Project, District Korba Chhatitsgarh
... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Aditya Khare, Advocate. For Respondent(s) : Shri Pankaj Agrawal, Advocate. Hon'ble Shri
Bibhu Datta Guru
, Judge
Order on Board 10.03.2025
1. Heard. 2. It is submitted that the petitioner is recorded owner of land bearing Khasra Nos. 297, 200, 201, 298/2, 208, 209, 218, 77/2, 78, 79 & 80 admeasuring area 24.89 acres situated at Village Jhingatpur P.H. No. 49, Tahsil- Katghora, District- Korba. The aforesaid land has been acquired by the SECL for extension of plant and no notice or intimation was given to the petitioner or her husband and without following or adhering the due acquisition process, the land of the petitioner has been used by the SECL. The petitioner made representations praying for payment of compensation and employment in lieu of acquired land, but till date not a single penny has been released in favour of the petitioner. Therefore, it is prayed that this petition may be disposed off with direction. 3. The counsel representing the respondents opposes the submission and submits that the petition may be disposed off with appropriate direction. 3
4. Considered on the submissions. 5.
In view of the statement made and in view of the order passed by this Court in Banshilal Sidar V. State of Chhattisgarh and Others (WPC No.4628 of 2011 decided on 19/10/2011), wherein this Court has observed that when there is deprivation of constitutional right as enshrined under Article 300A of the Constitution of India, adequate compensation has to be paid in all respects and the State authorities should take immediate steps to compute the compensation amount and pay the interest from the date of possession, till the amount of compensation is paid. The writ petition is disposed of with a direction that while determining the compensation the authorities shall consider payment of interest to the petitioner from the date of dispossession. Hence, on the basis of the view expressed in the 3 judgment mentioned hereinabove by this Court this petition is disposed off at motion stage. The petitioner is granted liberty to file fresh representation before the concerned respondents authorities within a period of 15 days and after filing of such representation the respondents authorities shall have a time of 60 days to consider and take decision on the representation made by the petitioner in view of the observations made hereinabove. With these observations the petition is disposed off. Sd/-
(Bibhu Datta Guru) Judge Shoaib