Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:16727
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1937 of 2022 1 - Kushtoram S/o Late Hariram Aged About 40 Years Resident Of Village Tilaipali, Tahsil Gharghoda, District Raigarh, Chhattisgarh. 2 - Labhoram S/o Late Hariram Aged About 48 Years Resident Of Village Tilaipali, Tahsil Gharghoda, District Raigarh, Chhattisgarh. 3 - Jogram S/o Late Jagsay Aged About 26 Years Resident Of Village Tilaipali, Tahsil Gharghoda, District Raigarh, Chhattisgarh. 4 - Saroj S/o Girdhari Aged About 45 Years Resident Of Village Tilaipali, Tahsil Gharghoda, District Raigarh, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya Atal Nagar Raipur, District Raipur, Chhattisgarh 2 - State Of Chhattisgarh Through - Secretary Department Of Industries, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur, Chhatisgarh. 3 - Collector Raigarh District Raigarh Chhattisgarh. 4 - Land Acquisition Officer -Cum-Sub Divisional Officer (Revenue) Gharghoda, District Raigarh, Chhattisgarh. 5 - National Tharmal Power Company Limited, Through Its General Manager Tilaipali Coal Block Project Office At Lailunga Road Gharghoda, District Raigarh, Chhattisgarh. RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.04.11 20:35:08 +0530
2
... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Ms. Apurva Nigam, Advocate appears on behalf of Mr. Vijay K. Deshmukh, Advocate For State/Respondent(s) : Ms. Nupoor Sonkar, Panel Lawyer For respondent No.5 : Mr. Anuroop Panda, Advocate Hon'ble Shri Justice
Amitendra Kishore Prasad
Order on Board 09/04/2025
1. Heard Ms. Apurva Nigam, Advocate appears on behalf of Mr. Vijay K. Deshmukh, Advocate for the petitioner. Also heard Ms. Nupoor Sonkar, Panel Lawyer for the State/respondent/s and Mr. Anuroop Panda, learned counsel for the respondent No.5. 2. By way of ther writ petition, the petitioner has prayed for following reliefs:
“10.1.That, this Hon'ble Court kindly be pleased to direct the respondents for complying the para no. 1, 4, 6, 7 and 10 of memo dated 03.02.2016 issued by Commissioner Bilaspur Division Bilaspur. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondents for providing benefit of Schedule I, II and III of Act, 2013. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondents for compliance of Memo dated 04.08.2017 issued by Ministry of Coal. 10.4 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner.”
3.
At the very outset, learned counsel for petitioners submits that the petitioners confine their claim in the present Writ Petition for an
3 appropriate direction to respondents No.3 to 5 to consider the claim of the petitioners for appropriate relief which the petitioners would be entitled for under the Second Schedule of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 4. Given the limited nature of relief that the petitioners have sought for, the present Writ Petition at this juncture is disposed of directing the respondents No.3 to 5 to scrutinize the claim of the Petitioners as regards their entitlement under the Second Schedule of the aforesaid Act of 2013. If the petitioners are found to be entitled, then appropriate relief be extended to them and, if the petitioners are not found to be entitled, they be intimated accordingly, at the earliest, within an outer limit of four months from the date of receipt of the claim raised by the petitioners. While considering the claim, the Authorities are expected to consider the Order dated 3.2.2016 passed by the Commissioner, Bilaspur Division, Bilaspur on the subject-matter. 5. This Court has not expressed any opinion on the merits of the case, the respondent authorities are required to pass an appropriate order on merits in accordance with law. 6. Accordingly, the petition stands disposed of with aforesaid observations and directions. Sd/-
(Amitendra Kishore Prasad) Judge
Ravi Mandavi