1 2025:CGHC:57870 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2002 of 2018 Surendra Prasad S/o S/o Late Phoolchand Rathore, aged about 35 years R/o Gram- Bhataura, Post- Bhilai Bazar Tahsil Katghora, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh --- Petitioner versus 1. South Eastern Coalfields Ltd. Through The Director (Personnel), Seepat Road Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 2. Chief General Manager, South Eastern Coalfields Ltd. Gavera Extension Opencast Project, Gavera Area, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh 3. Land Revenue Officer, South Eastern Coalfields Ltd. Office Of The General Manager, Gavera Extension Opencast Project, Gavera, Area, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh 4. Collector, Korba District- Korba, Chhattisgarh., District : Korba, Chhattisgarh --- Respondents WPS No. 2290 of 2018 1. Premchad Sahu S/o S/o Bhojram, aged about 71 Years R/o Janjgir, Tahsil Janjgir District Janjgir Champa, Chhattisgarh, District : Janjgir- Champa, Chhattisgarh ---Petitioner Versus 2 1. South Eastern Coalfields Ltd. Through The Director (Personnel), Seepat Road, Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh 2. Chief General Manager, South Eastern Coalfields Ltd., Gavera Extension Opencast Project, Gavera Area, District Korba, Chhattisgarh, District : Korba, Chhattisgarh 3. Land Revenue Officer, South Eastern Coalfields Ltd. Office Of The General Manager, Gavera Extension Opencast Project, Gavera Area, District Korba, Chhattisgarh, District : Korba, Chhattisgarh 4. Collector, Korba, District Korba, Chhattisgarh, District : Korba, Chhattisgarh --- Respondents For Petitioners : Shri Sanjay Kumar Agrawal, Advocate For Respondents No. 1 to 3 : Shri Sudhir Bajpai, Advocate For State : Shri Topilal Bareth PL (Hon’ble Shri Justice Sachin Singh Rajput) Order on Board dated 2 7/11/2025 The following reliefs have been prayed for in the aforesaid two Writ Petitions:- “(I) That, this Hon’ble Court may kindly be pleased to hold that the policy issued by the State Government would prevail upon the policy of CIL 2012. (ii) That, this Hon’ble Court may kindly be pleased to quash the order dated 28.10.2016 (P-1), passed by the Chief General Manager SECL Gevra Area. (iii) That, this Hon’ble Court may kindly be pleased to direct the respondent to reconsider the application for employment. (iv) That, this Hon’ble Court may kindly be pleased to direct the respondent Director (Personnel) SECL to issue a circular for implementation of the provisions of the policies issued by the State Government. 3 (v) That, this Hon’ble Court may kindly be pleased to hold that the petitioner is entitled for employment with respondent SECL in lieu of acquisition of land as per M.P. Punarvas Niti 1991. (vi) That, this Hon’ble Court may kindly be pleased to direct the respondent SECL to provide suitable employment to the petitioner depending upon his educational qualification and other eligibility. (vii) That, this Hon’ble Court may kindly be pleased to pass any other relief that this Hon’ble Court may please deem fit and proper.” 2. It is submitted on behalf of the petitioners that the petitioners in these Writ Petitions are the land oustees. The land acquisition proceedings were carried out in the year 2001 under Section 4(1) of the Coal Bearing Areas (Acquisition and Development) Act, 1957 where an award was passed in the year 2012 but till date no payment has been made. Therefore, these petitions have been filed seeking the reliefs detailed above. 3. Learned counsel for the respondents submits that petitioners have been paid compensation in lieu of acquisition of their land. During the pendency of these writ petitions the petitioners are also argued to have accepted the additional compensation and the document to show that has been filed along with the application for taking the document on record. He submits that the issue involved in these petitions is squarely covered by the order dated 06.03.2025 passed by the co-ordinate Bench of this Court in WPS No. 2327/2018 which was subsequently affirmed by the Division Bench of this Court in WA No. 492/2025 vide judgment dated 18.07.2025. In these circumstances, it is submitted by the learned counsel for the respondents that since the petitioners have already accepted the compensation, they are not entitled for any employment claimed for, and being so these writ petitions are liable to be dismissed. Learned counsel for the petitioners however could not dispute the legal position referred to above as enunciated by the co- 4 ordinate Bench of this Court in WPS No. 2327/2018 and subsequently confirmed in WA No. 492/2025. 4. Thus having heard learned counsel for the parties, considered the fact that the petitioners have already accepted the compensation and then additional compensation as well, and keeping in mind the aforesaid judicial pronouncements, this Court is of the opinion that the petitioners are not entitled to get the reliefs sought for in these writ petitions, and being so the petitions are liable to be and hereby dismissed. Sd/- (Sachin Singh Rajput) Judge Jyotishi AVANISH JYOTISHI Digitally signed by AVANISH JYOTISHI Date: 2025.11.28 13:40:38 +0530