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2025 DAILYLAW 14355 (CHH)

SUMITRA v. SOUTH EASTERN COALFIELD LIMITED

WPC/1291/2019 · 2025-03-18

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:12785 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1291 of 2019 1 - Sumitra D/o Laxman Das Aged About 38 Years R/o Village Baraoud, Raigarh, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh ... Petitioner(s) versus 1 - South Eastern Coalfield Limited Through Managing Director, Office At Seepat Road, Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 2 - General Manager, South Eastern Coalfield Limited, Raigarh Area, Raigarh, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh 3 - Incharge Officer (Revenue) South Eastern Coalfields Limited, Raigarh Area, Raigarh, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh 4 - Collector Raigarh, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh ---- Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Yogesh Kumar Chandra, Advocate For Respondents : Mr. Vivek Verma, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 18.03.2025 Heard. 1. The petitioner has filed this petition seeking the following relief(s):- REKHA SINGH Digitally signed by REKHA SINGH -2- “10.1 This Hon'ble Court may kindly be pleased to direct the respondents to grant compensation for 1.46 acres of the land of petitioner and grant five services against acquisition of 3.46 acres. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondents to calculate the compensation as per the present market value and as per the nature of land, which has not been properly calculated. 10.3 That, this Hon'ble Court may kindly be pleased to calculate compensation as per the Right of Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013. 10.4 That, this Hon'ble Court may kindly be pleased to quash the impugned letter dated 21- 02-2019 (Annexure P-4). 10.5 Any appropriate writ, direction or order may also kindly be passed in favour of the petitioners, which this Hon'ble Court deems fit in the circumstances of the case. 2. The petitioner is a resident of Village Baroud, District Raigarh (C.G.). The respondent/SECL initiated a process to acquire land bearing Survey No.198 total area admeasuring 3.46 acres situated at Village Baroud, which comes within Raigarh Area, under the provisions of the Coal Bearing Area (Acquisition and Development) Act, 1957 for a project namely, Baroud Extension Open Coal Mines. The grievance of the petitioner is that the respondent authorities have not considered the claim of the petitioner for the grant of employment in lieu of land acquisition. 3. Learned counsel appearing for the petitioner would submit that the SECL authorities have not offered employment in lieu of land acquisition. He would further submit that just and proper compensation has not been paid as the petitioner is entitled to get compensation under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, 3 Rehabilitation and Resettlement Act, 2013. He would contend that the petitioner has already submitted a representation before the respondent authority for redressal of her grievances but till date, the same has not been considered and decided by the SECL Authorities. He would seek a direction to the respondent authorities to consider and decide the representation made by the petitioner within a stipulated time frame. 4. On the other hand, Mr. Verma, learned counsel appearing for the respondents/SECL would submit that that if the petitioner makes a fresh representation before the SECL authorities, the same shall be considered and decided according to the existing policy and rules made thereunder. 5. I have heard learned counsel appearing for the parties and perused the documents placed on the record. 6. Considering the limited prayer made by the petitioner, I find it appropriate to dispose of the writ petition directing the respondents to consider and decide the representation moved by the petitioner within a stipulated time frame. 7. Consequently, the petition is disposed of reserving liberty in favor of the petitioner to make a representation and in turn, respondent No. 2 shall decide the representation so made within a period of 90 days from the date of receipt of a copy of the order passed by this Court. 8. In view of the above, the writ petition stands disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha