Gulab Bai Mishra Vs South Eastern Coalfields Ltd.

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1

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2025:CGHC:30910

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2353 of 2022

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Hemant Kumar Mishra S/o Late Mohan Lal Mishra Aged About 62 Years R/o Bahanpath, Post Bhilai Bazar, District : Korba, Chhattisgarh

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--- Petitioner(s)

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versus

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1 - South Eastern Coalfields Ltd. Through Its Chairman Cum Managing Drector (Cmd), Secl, Seepat Road, Bilaspur Chhattisgarh.

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2 - Chief General Manager South Eastern Coalfields Ltd. Korba Area (Saraipali Open Cast Project), Korba, District : Korba, Chhattisgarh

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3 - District Collector Cum Officiatig Dy. Secretary Government Of Chhattisgarh Collectorate, Korba, District : Korba, Chhattisgarh

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4 - Land Acquisition Officer / Sub Divisional Officer Tahsil Katghora, Civil And Revenue, District : Korba, Chhattisgarh

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--- Respondent(s)

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WPC No. 2771 of 2022

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Ashok Kumar Mishra S/o Late Jagmohan Mishra Aged About 58 Years R/o Bahanpath, Post- Bhilai Bazar, District- Korba, Chhattisgarh

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--- Petitioner(s)

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Versus

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1 - South Eastern Coalfields Ltd. Through Its Chairman-Cum-Managing Director (C.M.D.), S.E.C.L., Seepat Road, Bilaspur, Chhattisgarh

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2 - Chief General Manager South Eastern Coalfields Ltd, Korba Area (Saraipali Open Cast Project), Korba, District Korba, Chhattisgarh

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3 - District Collector-Cum-Officiating Dy. Secretary Government Of Chhattisgarh, Collectorate, Korba, District Korba, Chhattisgarh

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4 - Land Acquisition Officer/sub-Divisional Officer Tahsil- Katghora, Civil And Revenue District- Korba, Chhattisgarh

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--- Respondent(s)

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2

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WPC No. 2775 of 2022

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Chameli Bai Mishra D/o Late Mohan Lal Mishra Aged About 64 Years R/o Bahanpath, Post Bhilai Bazar, District Korba (C.G.)

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--- Petitioner(s)

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Versus

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1 - South Eastern Coalfields Ltd. Through Its Chairman-Cum-Managing Director (Cmd) Secl, Seepat Road, Bilaspur (C.G.)

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2 - Chief General Manager South Eastern Coalfields Ltd. Korba Area (Saaraipali Open Cast Project) Korba, Distt. Korba (C.G.)

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3 - District Collector-Cum-Officiating Dy. Secretary Government Of Chhattisgarh Collectorate, Korba Distt. Korba (C.G.)

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4 - Land Acquisition Officer/ Sub Divisional Officer Tahsil Katghora, Civil And Revenue Distt. Korba (C.G.)

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--- Respondent(s)

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WPC No. 2770 of 2022

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Amit Kumar Mishra S/o Hemant Kumar Mishra Aged About 31 Years R/o Bahanpath, Post Bhilai Bazar, District Korba Chhattisgarh.,

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--- Petitioner(s)

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Versus

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1 - South Eastern Coalfields Ltd. Through Its Chairman Cum Managing Director (Cmd) , Secl , Seepat Road, Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

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2 - Chief General Manager South Eastern Coalfields Ltd. Korba Area (Saraipali Open Cast Project) , Korba , District Korba Chhattisgarh., District : Korba, Chhattisgarh

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3 - District Collector Cum Officiation Dy. Secretary Government Of Chhattisgarh, Collectorate, Korba , District Korba Chhattisgarh.

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4 - Land Acquisition Officer / Sub Divisional Officer Tahsil Katghora, Civil And Revenue District Korba Chhattisgarh.

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--- Respondent(s)

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WPC No. 2359 of 2022

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Gulab Bai Mishra D/o Late Mohan Lal Mishra, Aged About 66 Years R/o Bahanpath, Post Bhilai Bazar, District Korga Chhattisgarh.

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--- Petitioner(s)

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3

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Versus

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1 - South Eastern Coalfields Ltd. Through Its Chairman Cum Managing Director (Cmd), Secl, Seepat Road, Bilaspur Chhattisgarh.

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2 - Chief General Manage, South Eastern Coalfields Ltd. Korba Area (Saraipali Open Cast Project), Korba, District Korba Chhattisgarh.

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3 - District Collector -Cum Officiating Dy. Secretary, Government Of Chhattisgarh, Collectorate, Korba, District Korba Chhattisgarh, Collectorate, Korba, District Korba Chhattisgarh.

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4 - Land Acquisition Officer/sub Divisional Offier, Tahsil Katghora, Civil And Revenue District Korba Chhattisgarh.

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--- Respondent(s)

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For Petitioners : Mr. Sanjay Kumar Agrawal, Advocate For the SECL : Mr. Vaibhav Shukla & Ms. Astha Shukla, Advocates For the State Mr. Soumitra Kesharwani, PL.

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Hon'ble Shri Arvind Kumar Verma, Judge Order on Board

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07.07.2025

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1. The petitioners have filed these writ petitions with following reliefs:

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“10. RELIEF(S) SOUGHT :-

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(i) That, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the Rehabilitation Policy 2007 in the instant acquisition matter.

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(ii) That, this Hon'ble Court may kindly be pleased to hold that only the provisions of the CGRR Policy 2007 is applicable in the instant matter for providing the benefit of Rehabilitation and Resettlement.

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(iii) That, this Hon'ble Court may kindly be pleased to issue appropriate writ or direction, directing the respondents to frame a proper rehabilitation plan and implement it and extend other rehabilitation benefits as per the CG Model Rehabilitation Policy 2007.

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(iv) That, this Hon'ble Court may kindly be pleased to direct the respondents to provide a plot as a free of cost as per the Clause 6.1 of the Model Rehabilitation Policy 2007.

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4

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(v) That, this Hon'ble Court may kindly be pleased to direct the respondents to extend resettlement benefits to the petitioner as per Chhattisgarh Model Rehabilitation Policy 2007.

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(vi) That, this Hon'ble Court may be pleased to pass any other relief that this Hon'ble Court may please deem fit and proper.”

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2. Learned counsel for the petitioners submits that this writ petitions may be disposed of giving liberty to the petitioners to submit fresh representation before the concerned respondents-authorities and inturn concerned authority shall consider and decide the same within specified time frame.

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3. Learned counsel for the respondents submits that they are having no objecting to the limited prayer made by counsel for the petitioners.

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4. Heard learned counsel for the parties.

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5. Considering facts of the case, submissions of counsel for the parties, all the writ petitions are disposed of at this stage permitting the petitioners to submit fresh representation before the concerned respondents-authorities. On making such representation, concerned respondent-authority shall consider and decide the said representation expeditiously in accordance with the relevant rules and law. However, it is observed that this Court has not expressed any opinion on merits of the case.

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CC as per rules.

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Sd/- (Arvind Kumar Verma) Judge

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J/-

Gulab Bai Mishra v. South Eastern Coalfields Ltd.

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Gulab Bai Mishra v. South Eastern Coalfields Ltd.

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