1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7051 of 2018 1 - Rajendra Kumar S/o Mohan Das, Aged About 37 Years R/o. Village Naraibodh, Post Kusmunda, Tahsil Katghora, District Korba Chhattisgarh, District : Korba, Chhattisgarh ... Petitioner(s) versus 1 - South Eastern Coalfields Limited Through Its Chairman-Cum-Managing Director, Head Office, Basant Vihar, Seepat Road, Bilaspur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh 2 - Chief General Manager, S.E.C.L., Gevra Project, District Korba Chhattisgarh, District : Korba, Chhattisgarh 3 - Senior Manager (Mining), S.E.C.L., Gevra Project, District Korba Chhattisgarh, District : Korba, Chhattisgarh 4 - Staff Officer (Land Revenue) Secl, Gevra Project, District Korba Chhattisgarh, District : Korba, Chhattisgarh 5 - Collector Korba, District Korba Chhattisgarh, District : Korba, Chhattisgarh ---- Respondents For Petitioner : Mr. S.P. Sannat, Advocate holding the brief of Mr. Basant Kaiwartya, Advocate For respondents No.1 to 4 : Mr. Atul Kumar Kesharwani, Advocate For State : Mr. Lav Sharma, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 02.07.2025 1. The petitioner has filed this petition seeking the following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to issue appropriate writ, order, direction, directing the respondents to call for the complete record of the petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to grant employment to the petitioner in lieu of the acquirement of land of mother of petitioner in Gevra Project and to set- aside/quash the impugned order dated 07-03-2017, which is -2- against the public policy. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to comply with the guidelines and the circulars issued by the government for grant of employment. 10.4 That, the Hon'ble Court may kindly be pleased to grant any other relief, as it may deems fit and appropriate.” 2. Mr. Sannat, the learned counsel appearing for the petitioner would submit that the land of Jankunwar W/o Mohandas situated at Village Naraibodh, Tehsil, Katghora, District Korba (C.G.) was acquired by the respondents/SECL. He would further submit that a Notification under Section 9 of the Coal Bearing Areas (Acquisition and Development Act), 1957 (for short ‘the Act of 1957’) was issued in the year 2010 and the amount of compensation was paid to the land oustees on 16.06.2017. Mr. Sannat would further submit that the petitioner is an adopted son of the land owner namely, Jankunwar W/o Mohandas and an adoption deed was executed in this regard on 24.02.2005. He would also submit that the petitioner moved an application to provide employment in lieu of the land acquisition but his representation has been rejected by the SECL authority vide order dated 01.06.2018. He would pray that a direction may be issued to the SECL authorities to consider the claim of the petitioner. 3. On the other hand, learned counsel appearing for respondents No.1 to 4/SECL would oppose the submissions made by Mr. Sannat. He would submit that the adoption deed was executed on 02.09.2014 after the publication of Notification under Section 9 of the Act of 1957. He would further submit that Jankunwar has not approached this Court. He would also submit that Jankunwar has already accepted the amount of compensation. He would contend that when the Notification was issued under Section 9 of the Act of 1957, the adoption deed was not in existence, therefore, the petitioner has no right to claim employment in 3 lieu of the land acquisition. 4. Mr. Sharma, the learned Panel Lawyer appearing for the State would support the contentions made by Mr. Kesharwani. 5. I have heard learned counsel appearing for the parties and perused the documents placed on the record. 6. Taking into consideration the fact that the petitioner was not the owner of the property which was acquired by the SECL authorities and further in the year 2005, no adoption deed was executed in accordance with the provisions of the Hindu Adoption and Maintenance Act. The adoption deed was executed on 02.09.2014 after the issuance of the Notification under Section 9 of the Act of 1957. The land oustee namely, Jankunwar has already accepted the compensation and never claimed any right, therefore, no case is made out for interference. 7. Thus this petition fails and is accordingly dismissed. No cost(s). Sd/- (Rakesh Mohan Pandey) Judge Rekha