1 2025:CGHC:25195 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2994 of 2025 1 - Shoukilal Mahant S/o. Late Shri Dharam Dayal Aged About 49 Years R/o. Village - Baroud, Post - Baroud, P.S. And Tahsil - Gharghoda, District - Raigarh (C.G.) ... Petitioner(s) versus 1 - Union Of India Through Secretary, Ministry Of Coal, New Delhi - 110 001. 2 - South Eastern Coalfields Ltd. Through Chairman And Managing Director, Seepat Chowk, Bilaspur, District - Bilaspur (C.G.) 3 - General Manager South Eastern Coalfields Ltd., Baroud Area, District - Raigarh (C.G.) 4 - General Manager South Eastern Coalfields Ltd., Raigarh Area, District - Raigarh (C.G.) 5 - Sub Area Manager Baroud Bijari Sub Area, South Eastern Coalfields Ltd., Raigarh, District - Raigarh (C.G.) 6 - Sub Divisional Officer (R) Gharghoda, Raigarh, District - Raigarh (C.G.) 7 - Collector Raigarh, District - Raigarh (C.G.) ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Sushobhit Singh Advocate For Respondent No. 1 : Ms. Anmol Sharma, CGC For Respondent No. 2 to 5 : Mr. Chetan Singh Chauhan, Advocate For Respondent No. 6 & 7 : Ms. Upasana Mehta, P.L. Hon’ble Shri Arvind Kumar Verma Order on Board 18/06/2025 1. The present writ petition has been filed for the following relief(s):- (I) That, this Hon’ble Court may kindly be pleased to call for 2 the entire records of the case. (ii)That, this Hon’ble Court may kindly be pleased to issue appropriate writ, order, direction in the nature of mandamus to perform their mandatory statutory duties as per Section 13(5) read with Section 26-30 of the RFCTLARR Act 2013 read with Schedule 1 of the ‘Act of 2013’ and pass the final compensation award by including all the ingredients referred in the Schedule 1 of the ‘Act of 2013’. The respondents may be further directed to grant the benefits of market value, multiplication factor applicable for rural areas, interest and solatium and disburse the compensation to the petitioner at the earliest. (iii) That, the petitioner further prays that a suitable writ, order or direction may be issued directing the respondent state authorities to pass a separate rehabilitation award as per Schedule 2 of the Act 2013 by including all the ingredients of Schedule 2 under each of the separate heads as provided under the Schedule 2 of Act of 2013. (iv) That, the petitioner further prays that a direction may be issued to the respondents to grant regular permanent employment to the petitioner and his family members as per the Chhattisgarh Rehabilitation Policy 2007. (v) Any other relief/reliefs which may deem fit and proper in the facts and circumstances of the case may also be allowed. 2. Learned counsel for the petitioner submits that earlier the ancestors of the petitioner were granted kotwari lands and subsequently the same kotwari lands was inherited by the petitioner and subsequently the petitioner was granted bhoomi swami rights by the competent authority over land bearing Khasra Nos. 188/A Kha, 314/1Kha, 444, 660/2, 700, 768. 3. Learned counsel for the petitioner further submits that the entire of the part and parcel of the petitioner’s land is sought to be acquired by the respondents and the same has been notified under Section 9 of the Coal Bearing Areas Act 1957 and upon publication of Section 9 Notification, the respondent SECL has started mining activities over the petitioner’s land without payment of any compensation. The 3 petitioner would be rendered completely landless upon the acquisition of his lands at village Baroud. The petitioner has not been granted any compensation or rehabilitation benefits and the petitioner has not been granted any employment benefits in lieu of the acquisition of petitioner’s land. The respondent -SECL had earlier convened a meeting with the affected persons and as per the resolution at Clause 14, the respondent SECL had agreed in principle to grant the compensation and rehabilitation benefits to the petitioner. Further the office of the respondent SDO I Gharghoda also issued letters to ensure compliance as per the earlier agreement and grant suitable compensation and rehabilitation benefits to the petitioner. 4. Learned counsel for the petitioner submits that Section 38 of RFCTLARR Act of 2013 prescribes that the affected person shall not be dispossessed from his lands without payment of compensation. The petitioner submitted representation requesting the respondent authorities to pass a final award determining the compensation and grant the rehabilitation benefits in lieu of acquisition of the petitioner’s land but till date the respondent SECL has not granted any benefits to the petitioner. Therefore the petitioner prays for a direction directing the respondent-authorities to perform their mandatory statutory duties enjoined upon them as per Section 13(5) read with Section 26-30 read with Schedule 1 & 2 of the RFCTLARR Act 2013 and pass a final award for determination of compensation as per Schedule 1 of the Act of 2013 and the Rehabilitation Award including all the ingredients in each of the heads as per Schedule 2 of the Act of 2013. Further the expression “affected family” and “land owner” has also been defined under Section 3c and 3r of the RFCTLARR Act 2013 and a conjoint reading of both the sections would lead the interpretation that a grantee/assignee of the land from the state is entitled to the benefits of compensation and rehabilitation as per the provisions of RFCTLARR Act of 2013 and the petitioner may not be dispossessed as per the provisions of Section 38 of RFCTLARR Act 2013. 5. On the other hand, learned counsel for the respondent- SECL 4 submits that they are ready to pay compensation but there is not a question of passing of award but the eligibility of the award whether the petitioner takes compensation as land owner or as oustees because the petitioner was kotwar and there is a different between kotwar and bhoomi swami rights and in this regard he placed reliance upon a judgment of this Court in the matter of Gambhir Das Panika vs. Chairman, Board of Revenue in WPC No. 7048/2007 whereby it has been held that a kotwar cannot be treated as bhoomi swami. 6. I have heard learned counsel for the parties and perused the records. 7. Section 38 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 provides as under:- Power to take possession of land to be acquire- The Collection shall take possession of land after ensuring that full payment of compensation as well as rehabilitation and resettlement entitlements are paid or tendered to the entitled persons within a period of three months fro the compensation and a period of six months for the monetary part of rehabilitation and resettlement entitlements listed in the Second Schedule commencing from the date of the award made under Section 30. 8. Considering the facts and circumstances of the case instead of keeping this petition pending, I find it appropriate to dispose of the same at this stage directing the respondent-authorities to decide the claim of the petitioner in accordance with law/rules and regulations. 9. Accordingly, the present writ petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti