Moolchand Vs South Eastern Coalfields Ltd.

3 - Land Revenue Officer, South Eastern Coalfields Ltd. Office Of The General Manager, Gavera Extension Opencast Project, Gavera Area District Korba, Chhattisgarh.

¶12

4 - Collector, Korba, District Korba, Chhattisgarh.

¶13

--- Respondent(s)

¶14

And

¶15

WPS No. 1562 of 2018

¶16

Smt. Usha Sharma W/o Ram Sajivan Sharma Aged About 56 Years R/o Gram Bahanpath, District Korba Presently R/o Amarpatan, Block Colony, Satna Road, District Satna (Madhya Pradesh)

2

--- Petitioner

Versus

1 - South Eastern Coalfields Ltd. Through The Director (Personnel), Seepat, Road, Bilaspur (Chhattisgarh), District : Bilaspur, Chhattisgarh

¶21

2 - Chief General Manager, South Eastern Coalfields Ltd., Gavera Extension Opencast Project, Gavera Area, District Korba (Chhattisgarh)

¶22

3 - Land Revenue Officer South Eastern Coalfields Ltd., Office Of The General Manager, Gavera Extension Opencast Project, Gavera Area, District Korba (Chhattisgarh)

¶23

4 - Collector, Korba, District Korba (Chhattisgarh)

--- Respondent(s)

And

WPS No. 1549 of 2018

Babulal Adile S/o S/o Baiyaram, Aged About 50 Years R/o Gram Pahanda, Post Tilkeja Tahsil Korba, District Korba, Chhattisgarh., District : Korba, Chhattisgarh

¶28

--- Petitioner

¶29

Versus

¶30

1 - South Eastern Coalfields Ltd. Through The Director (Personnel) Seepat Road, Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

¶31

2 - Chief General Manager, South Eastern Coalfields Ltd. Gavera Extension Opencast Project Gavera Area, District Korba, Chhattisgarh.

¶32

3 - Land Revenue Officer, South Eastern Coalfields Ltd. Office Of The General Manager, Gavera Extension Opencast Project, Gavera Area District Korba (C.G.)

¶33

3

¶34

4 - Collector, Korba, District Korba, Chhattisgarh.

--- Respondent(s)

And

WPS No. 1557 of 2018

Manish Pathak D/o Narayan Prasad, Aged About 30 Years R/o Bahanpath, Post Bhilai Bazar, Tahsil Katghora, District Korba, Chhattisgarh.

¶39

--- Petitioner

¶40

Versus

¶41

1 - South Eastern Coalfields Ltd. Through The Director(Personnel), Seepat Road, Bilaspur, Chhattisgarh.

¶42

2 - Chief General Manager, South Eastern Coalfields Limited, Gavera Extension Opencast Project, Gavera Area, District Korba, Chhattisgarh.

¶43

3 - Land Revenue Officer, South Eastern Coalfields Limited, Office Of The General Manager, Gavera Extension Opencast Project, Gavera Area, District Korba, Chhattisgarh.

¶44

4 - Collector, Korba, District Korba, Chhattisgarh.

--- Respondent(s)

And

WPS No. 1546 of 2018

Ravi Shankar S/o S/o Raghuraj Prasad, Aged About 27 Years R/o Gram Podi, Post Mudhali, Tahsil Katghora, District Korba, Chhattisgarh. Presently Residing At Khokhara, Tahsil Janjgir P.O. Janjgir, District Janjgir Champa, Chhattisgarh.

--- Petitioner

Versus

4

1 - South Eastern Coalfields Ltd. Through The Director (Personnel) Seepat Road, Bilaspur, Chhattisgarh.

¶53

2 - Chief General Manager, South Eastern Coalfields Ltd. Gavera Extension Opencast Project Gavera Area, District Korba, Chhattisgarh.

¶54

3 - Land Revenue Officer, South Eastern Coalfields Ltd. Office Of The General Manager, Gavera Extension Opencast Project, Gavera Area District Korba,

¶55

4 - Collector, Korba, District Korba, Chhattisgarh.

--- Respondent(s)

And

WPS No. 1555 of 2018

Arun Mishra S/o Gandharv Prasad Mishra, Aged About 40 Years R/o Gram Bahanpath, District Korba, Presently R/o Mariyadpur, Jastahatola, Tahsil Ram Nagar, District Satna, M. P., District : Satna, Madhya Pradesh

¶60

--- Petitioner

¶61

Versus

¶62

1 - South Eastern Coalfields Ltd. Through The Director(Personnel), Seepat Road, Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

¶63

2 - Chief General Manager, South Eastern Coalfields Ltd. Gavera Extension Opencast Project, Gavera Area, 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.

¶64

4 - Collector, Korba, District Korba, Chhattisgarh

--- Respondent(s)

5

And

WPS No. 1554 of 2018

Moolchand S/o Faguram, Aged About 46 Years R/o Gram Podi, Post Mudhali Tahsil Katghora, District Korba (Chhattisgarh) Presently Residing At Khokhara, Tahsil Janjgir, Po Janjgir, Disrict Janjgir Champa (Chhattisgarh).

¶70

--- Petitioner

¶71

Versus

¶72

1 - South Eastern Coalfields Ltd. Through The Director (Personnel), Seepat, Road, Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh.

¶73

2 - Chief General Manager, South Eastern Coalfields Ltd., Gavera Extension Opencast Project, Gavera Area, District Korba (Chhattisgarh).

¶74

3 - Land Revenue Officer South Eastern Coalfields Ltd., Office Of The General Manager, Gavera Extension Opencast Project, Gavera Area, District Korba (Chhattisgarh).

¶75

4 - Collector, Korba, District Korba (Chhattisgarh)

--- Respondent(s)

And

WPS No. 2313 of 2018

Shravan Thawait S/o Parmanand Aged About 48 Years R/o Khokhara Tahsil Janjgir, District Janjgir Chmpa, Chhattisgarh.

¶80

--- Petitioner

¶81

Versus

¶82

1 - South Eastern Coalfields Ltd. South Eastern Coalfields Ltd . Gavera Extension Opencast Project Gavera Area , District Korba Chhattisgarh.

¶83

6

¶84

2 - Chief General Manager , South Eastern Coalfields Ltd . Gavera Extension Opencast Project Gavera Area , District Korba Chhattisgarh.

¶85

3 - Land Revenue Officer South Eastern Coalfields Ltd. Office Of General Manager Gevera Extension Opencast Project , Gavera Area District Korba Chhattisgarh.

¶86

4 - Collector Korba District Korba Chhattisgarh.

--- Respondent(s)

And

WPS No. 2315 of 2018

Subodh Pandey S/o Late Sushil Kumar Pandey Aged About 46 Years R/o Gram Bahanpath , District , Korba Presently R/o Jora Talab, Bilaspur District Bilaspur Chhattisgarh.

¶91

--- Petitioner

¶92

Versus

¶93

1 - South Eastern Coalfields Ltd. South Eastern Coalfields Ltd. Gavera Extension Opencast Project , Gavera Area District Korba Chhattisgarh.

¶94

2 - Chief General Manager , South Eastern Coalfields Ltd. Gavera Extension Opencast Project , Gavera Area District Korba Chhattisgarh.

¶95

3 - Land Revenue Officer South Eastern Coalfields Ltd. Office Of The General Manager Gavera Extension Opencast Project , Gavera Area District Korba Chhattisgarh.

¶96

4 - Collector, Korba , District Korba Chhattisgarh.

--- Respondent(s)

7

And

WPS No. 2326 of 2018

Balram Thawait S/o Sadaram Thawait Aged About 42 Years R/o Khokhara, Tahsil Janjgir, District- Janjgir- Champa, Chhattisgarh.

¶102

--- Petitioner

¶103

Versus

¶104

1 - South Eastern Coalfields Ltd. Through The Director (Personnel), Seepat, Road Bilaspur, Chhattisgarh.

¶105

2 - Chief General Manager, South Eastern Coalfields Ltd. Gavera Extension Opencast Project, Gavera Area, District- Korba, Chhattisgarh.

¶106

3 - Land Revenue Officer, South Eastern Coalfields Ltd. Office Of The General Manager, Gavera Extension Opencast Project, Gavera Area, District- Korba, Chhattisgarh

¶107

4 - Collector, Korba, District- Korba, Chhattisgarh

--- Respondent(s)

And

WPS No. 1871 of 2018

Shiv Narayan S/o Gokul Prasad Aged About 46 Years R/o Gram Podi, Post Mudhali, Tahsil Katghora, District Korba Chhattisgarh Presently Residing At Khokhara, Tahsil Janjgir P.O. Janjgir, District Janjgir Champa Chhattisgarh.

¶112

--- Petitioner

¶113

Versus

¶114

1 - South Eastern Coalfields Ltd. Through The Director (Personnel), Seepat Road Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

¶115

8

¶116

2 - Chief General Manager, South Eastern Coalfields Ltd. Gavera Extension Opencast Project, Gavera Area, District Korba Chhattisgarh.

¶117

3 - Land Revenue Officer, South Eastern Coalfields Ltd. Office Of The General Manager, Gavera Extension Opencast Project, Gavera Area, District Korba Chhattisgarh.

¶118

4 - Collector, Korba, District Korba Chhattisgarh.

--- Respondent(s)

And

WPS No. 3155 of 2018

Kishanlal Sahu S/o Taturam Sahu, Aged About 47 Years R/o Gram Bahanpath, Post - Bhilai Bazar, Tahsil Katghora, District Korba Chhattisgarh.

¶123

--- Petitioner

¶124

Versus

¶125

1 - South Eastern Coalfields Ltd. Through The Director (Personnel), Seepat Road, Bilaspur Chhattisgarh.

¶126

2 - Chief General Manager, South Eastern Coalfields Ltd., Gavera Extension Opencast Project, Gavera Area, District Korba Chhattisgarh.

¶127

3 - Land Revenue Officer, South Eastern Coalfields Ltd. Office Of The General Manager, Gavera Extension Opencast Project, Gavera Area, District Korba Chhattisgarh.

¶128

4 - Collector, Korba, District Korba Chhattisgarh.

--- Respondent(s)

And

WPS No. 1924 of 2018

Mamta Sahu W/o Bhola Sahu Aged About 30 Years R/o Gram- Ralia, Post- Mudhali Tahsil- Katghora, District- Korba, Chhattisgarh.

9

--- Petitioner

Versus

1 - South Eastern Coalfields Ltd. , District : Bilaspur, Chhattisgarh

¶137

2 - Chief General Manager, South Eastern Coalfields Ltd, Gavra Extension Opencast Project, Gavera Area, District- Korba, Chhattisgarh.

¶138

3 - Land Revenue Officer, South Eastern Coalfields Ltd. Office Of The General Manager, Gavera Extension Opencast Project-, Gavera Area, District- Korba, Chhattisgarh.

¶139

4 - Collector, Korba, District- Korba, Chhattisgarh.

--- Respondent(s)

And

WPS No. 6898 of 2017

Kirti Kumar Jaiswal S/o Shri Santosh Jaiswal Aged About 30 Years R/o Village Sohagpur, Police Station And Post Sohagpur, Tahsil Kartala, District Koraba, Chhattisgarh.

¶144

--- Petitioner

¶145

Versus

¶146

1 - South Eastern Coalfields Ltd. Throuhg Chairman - Cum- Managing Director, Seepat Road, Bilaspur, Chhattisgarh.

¶147

2 - Chief General Manager, South Eastern Coalfields Ltd. Gevara Area, Korba, District Korba, Chhattisgarh.

¶148

3 - Staff Officer Land Revenue, South Eastern Coalfields Ltd. Gevra Area, Korba, District Korba, Chhattisgarh.

¶149

4 - Collector, Korba, District Korba, Chhattisgarh.

¶150

--- Respondent(s)

¶151

10

¶152

(Cause Title is taken from CIS Software)

¶153

For Petitioners : Mr. Sanjay Kumar Agrawal, Mr. Alok Kumar Dewangan, Mr. Abhijeet Sarkar, Mr. Vivek Kumar Agrawal with Mr. Anurag Khatri and Mr. Shubham Dewangan, Advocates.

¶154

For : Mr. V.R. Tiwari, Sr. Advocate assisted by Mr. Respondent(s)/ Atul Kesharwani and Mr. R.L. Rajak, SECL Advocates, Mr. Abhishek Sinha, Sr. Advocate assisted by Mr. Vaibhav Shukla and Ms. Shrishti Upadhyay, Mr. Sudhir Kumar Bajpai , Mr. Shailendra Shukla and Mr. Rahul Mishra, Advocates.

¶155

For : Mr. Ajay Pandey, G.A. and Mr. Devesh G. Respondent/State Kela, P.L.

¶156

Hon’ble Smt. Justice Rajani Dubey

¶157

(Order on Board)

¶158

06/03/2025

¶159

Heard Mr. Sanjay Kumar Agrawal, Mr. Alok Kumar Dewangan, Mr. Abhijeet Sarkar, Mr. Vivek Kumar Agrawal with Mr. Anurag Khatri and Mr. Shubham Dewangan, Advocates for the respective petitioners. Also heard Mr. V.R. Tiwari, Sr. Advocate assisted by Mr. Atul Kesharwani and Mr. R.L. Rajak, Advocates, Mr. Abhishek Sinha, Sr. Advocate assisted by Mr. Vaibhav Shukla and Ms. Shrishti Upadhyay, Mr. Sudhir Kumar Bajpai , Mr. Shailendra Shukla and Mr. Rahul Mishra, Advocates for respondents/SECL authorities & Mr. Ajay Pandey, Govt. Advocate and Mr. Devesh G. Kela, P.L. for the State.

¶160

11

¶161

Since, all the above writ petitions involve common questions of fact and law, they are being disposed of by this common order.

¶162

The Central Government had initiated land acquisition proceeding in the year 2001 under the Coal Bearing Areas (Acquisition and Development) Act, 1957 (for short ‘the Act, 1957’) and in the aforesaid cases final award has been passed. It was agreed by the SECL to provide employment to one of the family members of each land oustee as per the Rehabilitation Policy of 1991 issued by the erstwhile State of Madhya Pradesh, but employment was offered according to the Rehabilitation and Resettlement Policy of Coal India Limited, 2012 and not according to the Policy of 1991, which was prevalent at the time of land acquisition. According to the Policy of 2012, the land oustees having land less than 2 acres would not be entitled to get employment. The applications/representations of some of the petitioners have been rejected by the SECL authorities. The petitioners have filed these petitions seeking a direction to the respondent authorities to provide employment according to the Rehabilitation Policy of 1991, which was in existence at the time of initiation of land acquisition. There is a prayer by some of the petitioners to quash the orders passed by the SECL authorities, whereby their claims have been rejected.

¶163

Learned counsel appearing for the respective petitioners would submit that the issue involved in the aforesaid petitions have already been adjudicated and decided by the Co-ordinate Bench

¶164

12

¶165

of this Court in the matter of Pyarelal Vs. South Eastern Coalfields Ltd. and Others and other connected matters passed in WPC No. 3076 of 2016, dated 11.09.2017 and subsequently reiterated the order Pyarelal (supra) by another Co-ordinate Bench of this Court in the Dhansay Vs. South Eastern Coalfields Ltd. and Others and other connected matters passed in WPC No. 6289/2024, dated 15.01.2025 directing the respondent authorities in para 65 of Pyarelal (supra) to consider the case of the petitioners for rehabilitation/employment strictly in accordance with the Policy on the date of acquisition of their lands within 45 days. Learned counsel also submits that the identical issue has also been adjudicated and decided in the case of Rattho Bai and Anr. Vs. South Eastern Coalfields Limited and Ors. in WPS No.432/2011 on 23.07.2015 and in this case Co-ordinate Bench of this Court settled the issue at para 6 and 7 holding that the rehabilitation policy of the State Govt./Central Govt. would prevail upon the policy of the SECL as well as Coal India Limited. Thus, the aforesaid petitions may also be disposed of in terms of order passed by Co-ordinate Bench of this Court in Pyarelal (supra).

¶166

On the other hand, learned counsel appearing for respondents/SECL Authorities has no objection to the proposition of learned counsel for the petitioners.

¶167

I have heard learned counsel for the parties and perused the material available on record.

¶168

13

¶169

In the matter of Pyarelal (supra), a similar issue was raised and the Co-ordinate Bench of this Court in para 65 of its judgment directed the SECL to provide employment strictly in accordance with the Rehabilitation Policy applicable on the date of acquisitions of the land within 45 days.

¶170

In the aforesaid petitions, the preliminary notification of the land under Section 4 (1) of the Act, 1957 was issued in the year 2001 but the award was passed in the year 2012, therefore, the initiation of acquisition proceeding was started in the year 2001 and at that time Coal India Policy, 2012 was not in force. The Rehabilitation Policy of 1991 was in force. The Rehabilitation and Resettlement Policy of Coal India Limited, 2012 was floated in the year 2012 and certainly, it would not attract the cases of the petitioners.

¶171

In the mater of Pyarelal (supra), the Co-ordinate Bench of this Court in Para-65 held as under :-

¶172

“ 65. Right of the land losers to get employment as

¶173

per the rehabilitation policy is extremely important right and that has to be considered in accordance with law and in accordance with the policy in force on the date of acquisition of their land and subsequent change in policy will not take away their accrued right, if any, that has accrued to them by acquisition of their lands. Thus, the benefit of rehabilitation and employment to land oustee is logical corollary of Article 21 of the Constitution of India and denial of employment is violative of Articles 14 and 15 of the

¶174

14

¶175

Constitution of India as well as Article 21. Therefore, the respondents are directed to consider the case of the petitioners for rehabilitation/employment strictly in accordance with the policy applicable on the date of acquisition of their land i.e. the date of acquisition and such consideration should be made by SECL within 45 days from the date of production of a copy of this order. “

¶176

This Court had also sought query from the respective counsel appearing for SECL whether the order of Pyarelal (supra) has been assailed before the Hon’ble Apex Court, to which it was submitted that they have not challenged the order dated 11.09.2017, as such, the order passed in Pyarelal (supra) has attained finality.

¶177

In the matter of Pyarelal (supra), it is categorically observed that the benefit of rehabilitation and employment to land outstee is logical corollary of Article 21 of the Constitution of India and denial of employment is violative of Articles 14 and 15 of the Constitution of India as well as Article 21 and the Policy applicable on the date of acquisition of the land would be applicable, therefore, in the opinion of this Court, the respondent authorities should consider the claim of the petitioners strictly in light of the observations made in the matter of Pyarelal (supra). The orders, if any, passed against any of the petitioners by the SECL are hereby quashed. The SECL/respondents are directed to consider the claims of the petitioners within a period of 45 days

¶178

15

¶179

from the date of receipt of copy of this order.

¶180