Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:52120-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPPIL No. 93 of 2025 1 - Atmaram Sao S/o Madan Lal Sao Aged About 50 Years State General Secretary Of Manav Adhikar Jan Jagran Foundation, Bilaspur Chhattisgarh Resident Of Tamnar, District Raigarh (C.G.) 2 - Anant Ram Rathiya S/o Bhola Ram Rathiya Aged About 43 Years Sarpanch At Gram Panchayat Jharna, Tahsil Tamnar, District Raigarh (C.G.) 3 - Anil Kumar Sao S/o Ram Lal Sao Aged About 35 Years R/o Village Jharna, Tahsil Tamnar, District Raigarh (C.G.) 4 - Harihar Rathiya S/o Kartik Rathiya Aged About 44 Years R/o Village Jharna, Tahsil Tamnar, District Raigarh (C.G.) 5 - Ram Kumari Rathiya W/o Hemsagar Rathiya Aged About 29 Years R/o Village Jharna, Tahsil Tamnar, District Raigarh (C.G.) 6 - Dharam Singh Rathiya S/o Jai Singh Rathiya Aged About 53 Years R/o Village Jharna, Tahsil Tamnar, District Raigarh (C.G.)
... Petitioners versus 1 - Union of India Through Ministry of Environment, Forest And Climate Change, New Delhi 2 - State of Chhattisgarh Through Chief Secretary, Environment, Mahanadi Bhawan, Atal Nagar, Mantralaya Raipur, Police And Revenue District Raipur (C.G.) 3 - Chhattisgarh Environment Conservator Board Through Chairman Raigarh, District Raigarh Chhattisgarh 4 - Collector Raigarh, District Raigarh, Chhattisgarh ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.10.28 10:26:04 +0530
2 5 - Sub Divisional Officer (Revenue) Gharghoda District Raigarh Chhattisgarh 6 - M/s. Jindal Power Limited Through Authorized Signatory Tamnar District Raigarh Chhattisgarh
... Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Vinod Kumar Dewangan and Ms. Varsha Sao, Advocates For Respondent No.1 : Mr. Bhupendra Pandey and Ms. Anmol Sharma, Central Government Counsel For Respondents No.2, 4 & 5 : Mr. Prafull N. Bharat, Advocate General assisted by Mr. Shaleen Singh Baghel, Deputy Government Advocate For Respondent No.3 : Mr. Abhijeet Mishra, Advocate For Respondents No.6 : Mr. Shashank Thakur, Advocate Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Bibhu Datta Guru,
Judge
Order
on Board
Per
Ramesh Sinha
, Chief Justice
2 7.10.2025
1. Heard Mr. Vinod Kumar Dewangan and Ms. Varsha Sao, learned counsel for the petitioners. Also heard Mr. Bhupendra Pandey and Ms. Anmol Sharma, learned Central Government Counsel, appearing for respondent No.1, Mr. Prafull N. Bharat, learned Advocate General assisted by Mr. Shaleen Singh Baghel, learned Deputy Government Advocate, appearing for the State/respondents No.2, 4 & 5, Mr. Abhijeet Mishra, learned counsel appearing for respondent No.3 and Mr. Shashank Thakur,
learned counsel appearing for respondent No.6. 3
2. The present petition has been filed by the petitioners with the following relief(s):-
“(i) That, the Hon'ble Court may kindly be pleased to call for entire record from the respondent authorities, in the interest of justice. (ii) That, the Hon'ble Court may kindly be pleased to restrain the respondents from conducting the proposed Public Hearing dated 14.10.2025 for Environmental Clearance of Gare Pelma Coal Block Sector- 1, allotted to M/s Jindal Power Limited till the final decision of the pendency of (Annexure P-2) writ petition (c) No. 2306/2025 (parties being Aatma Ram Sao Vs. State of Chhattisgarh) and writ petition (c) No. 6080/2024 (parties being Aatma Ram Sao Vs. State of Chhattisgarh). (iii) That, the Hon'ble Court may kindly be pleased to direct respondents authorities to issue allotment to M/s Jindal Power Limited according to PESA Act before providing opportunity of hearing and consenting to the effecting local body villagers and cultivator of schedule area, in the interest of justice. (iv) That, the Hon'ble Court may kindly be pleased to prohibit any construction or encroachment on public roads, ponds, or community lands in the interest of justice. (v) That, the Hon'ble Court may kindly be pleased to ensure payment of due compensation, R&R and employment benefits on account of earlier acquired agricultural lands, in the interest of justice. (vi) That, the Hon'ble Court may kindly be pleased to direct the respondent authorities to consider the several complaints made by the petitioners and villagers before completion of present acquisition proceeding,
4 in the interest of justice. (vii) That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.”
3. Upon perusal of the pleadings and the reliefs sought in the present writ petition, it transpires that the petitioner, namely Aatma Ram Sao, along with others, have already instituted two writ petitions before this Court, being W.P.(C) No. 2306/2025 and W.P.(C) No. 6080/2024, wherein substantially similar issues and prayers have been raised. A comparative reading of those petitions and the present Public Interest Litigation reveals that the reliefs now sought are identical to those agitated in the earlier writ petitions filed by the same set of persons. 4.
It, therefore, appears that the present petition has not been filed to espouse any genuine public cause or collective grievance of the community at large. Rather, the petitioners, who are already litigating similar issues in their individual capacity, have sought to project their private interest under the garb of a Public Interest Litigation. Such an attempt to convert a personal or individual grievance into a PIL is impermissible in law. 5. In view of the aforesaid circumstances, we are not inclined to entertain the present writ petition in the form of a Public Interest Litigation. The same is, therefore, dismissed on this ground alone. However, it is observed that dismissal of the present petition shall not preclude the petitioners from availing an appropriate legal
5 remedy in accordance with law, if any fresh cause of action arises in future. 6. It is made clear that this Court has not expressed any opinion on the merits of the controversy involved in the matter, and all questions are left open to be agitated in appropriate proceedings, if so advised. 7. The security amount deposited by the petitioners stands forfeited. Sd/- Sd/- (Bibhu Datta Guru)
(Ramesh Sinha)
Judge Chief Justice Anu