HIMANSHU KUMAR RAJAK v. BHARAT COKING COAL LIMITED (BCCL), THROUGH ITS CHAIRMAN-CUM-MANAGING DIRECTOR
WPC/89/2025 · 2025-03-03
Rajesh Shankar
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 30245 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30245 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.89 of 2025 -----
1. Himanshu Kumar Rajak, aged about 28 years, son of Dharmendra Kumar Rajak, resident of Chotki Bowa New Quarter, Near Shiv Mandir, P.O.-Bhuli, P.S.-Teulmari, District-Dhanbad.
2. Hemant Kumar Rajak, aged about 29 years, son of Dilip Rajak, resident of Chhotki Bowa Basti, Dhobi Khuli, P.O.- Bhuli, P.S.-Teulmari, District-Dhanbad.
3. Rohit Rajak, aged about 20 years, son of Haradhan Rajak, resident of Chhotki Bowa Basti, Dhobi Khuli, P.O.-Bhuli, P.S.-Teulmari, District-Dhanbad.
4. Abhishek Kumar Rajak, aged about 23 years, son of Bachan Rajak, resident of Chhotki Bowa Basti, Dhobi Khuli, P.O.-Bhuli, P.S.-Teulmari, District-Dhanbad.
5. Suresh Rajak, aged about 49 years, son of Bhim Rajak, resident of Chhotki Bowa Basti, Dhobi Khuli, P.O.-Bhuli, P.S.-Teulmari, District-Dhanbad.
6. Radhu Rajak, aged about 41 years, son of Lilu Rajak, resident of Chhotki Bowa Basti, Dhobi Khuli, P.O.-Bhuli, P.S.-Teulmari, District-Dhanbad. .......... Petitioners. -Versus-
1. Bharat Coking Coal Limited (BCCL), through its Chairman- cum-Managing Director, having its office at Koyla Bhawan, Koyla Nagar, P.O.-Koyla Nagar, P.S.-Saraidhela, District- Dhanbad.
2. Bharat Coking Coal Limited (BCCL), through its General Manager, Kusunda Area No.VI, P.O.-Kusunda, P.S. Kusunda, District-Dhanbad.
3. The General Manager (L&R), Bharat Coking Coal Limited, Koyla Bhawan, Koyla Nagar, P.O.-Koyla Nagar, P.S.- Saraidhela, District-Dhanbad.
4. The Regional Manager (Land Estate), BCCL, Kusunda Area, P.O.-Kusunda, P.S. Kusunda, District-Dhanbad.
5. The Project Officer, BCCL, GondudihKhas Kusunda Colliery, P.O.-Kusunda, P.S. Kusunda, District-Dhanbad.
6. The State of Jharkhand, through its Secretary, Department of Mines & Geology, having its office at Project Bhawan, Dhurwa, P.O.-Dhurwa, P.S. Jagannathpur, District-Ranchi.
7. District Collector, having its office at Sushnileva, P.O.-Nag Nagar, P.S. Barwadda, Dhanbad.
8. Sub-Divisional Officer, having its office at Dhanbad, P.O. & P.S.-Dhanbad, District-Dhanbad.
.......... Respondents. -----
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W.P.(C) No.89 of 2025
CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioners : Mr. Kaustav Roy, Advocate For the State : Ms. Omiya Anusha, A.C. to AAG-IA For the BCCL : Mr. Sanklap Goswami, A.C. to
Mr. A.K. Das, Advocate -----
Order No.06
Date: 03.03.2025
1. The present writ petition has been filed for issuance of direction upon the concerned respondents to rehabilitate the petitioners in view of the provisions of Rehabilitation and Resettlement Policy, 2012 of Coal India Limited or in alternative to stop all the mining activities being done in the adjacent mining area as a result of which the lives of the petitioners and their family members are in danger.
2.
Learned counsel for the petitioners submits that due to mining activities being done by the outsource agency-Hill Top High Rise Pvt. Ltd. in Gondudih Khas Kusunda Colliery of the respondent-BCCL, the houses of the petitioners which are situated about 50-60 meters away from the said colliery have sustained substantial damages. It is further submitted that the human lives are always at risk due to frequent blasting activities being done in the said colliery. Aggrieved with the said situation, the petitioners have represented the respondent no.2, however, the same has not been responded which has compelled them to prefer the present writ petition.
3. Mr. Sanklap Goswami, learned A.C. to Mr. A.K. Das, Advocate appearing on behalf of the respondent-BCCL submits that if the petitioners prefer a fresh representation on the present
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issue before the respondent no.2, an appropriate decision in accordance with law will be taken by the said respondent within a time frame.
4. Having heard the learned counsel for the parties and considering the nature of the prayer made by the petitioners in the present writ petition, without entering into the merit of the case, the petitioners are given liberty to prefer a fresh representation on the present issue before the respondent no.2. On receipt of the said representation, the respondent no.2 after getting an inquiry conducted and on providing an opportunity of hearing to the petitioners’ representative, shall take appropriate informed decision in accordance with law within a period of three months from the date of filing of the said representation.
5. The writ petition is disposed of with aforesaid liberty and direction.
(Rajesh Shankar, J.) Rohit/