Indira Soni vs South Eastern Coalfields Limited on 15 September, 2023

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Chattisgarh High Court

Indira Soni vs South Eastern Coalfields Limited on 15 September, 2023

Bench: Rajani Dubey

                                     1

                                                                   NAFR


           HIGH COURT OF CHHATTISGARH, BILASPUR
                               WPC No. 3974 of 2023

    Indira Soni W/o Hemram Sonar Aged About 73 Years Resident of
      Atal Awas, Maharana Pratap Nagar, Ward No. 18, Korba, Tahsil
      And District- Korba (C.G.)

                                                           ---- Petitioner
                                   Versus
   1. South Eastern Coalfields Limited Through Its Chairman-Cum-
      Managing Director, SECL Headquarter, Seepat Road, Sarkanda,
      District- Bilaspur (C.G.)

   2. The Chief General Manager SECL Kusmunda Area, Tahsil-
      Katghora, District- Korba (C.G.)

   3. The General Manager SECL, Gevra Area, Gevra Project,
      District- Korba (C.G.)

   4. The Staff Officer (Land-Revenue), SECL, Gevra Area, Gevra
      Project, District- Korba (C.G.)

                                                        ---- Respondents

For Petitioner : Mr. Aditya Khare, Advocate For Respondents : Mr. H.B. Agrawal, Sr. Advocate with Ms. Preeti Yadav, Advocate Hon'ble Smt. Justice Rajani Dubey Order on Board 15.09.2023

1. Heard.

2. It is submitted that the petitioner is recorded owner of land bearing Khasra No. 957/1 admeasuring area 6.13 acres situated at Village Gevra Basti, Tahsil- Katghora, District- Korba. The aforesaid land has been acquired by the SECL for extension of 2 plant and no notice or intimation was given to the petitioner or her husband and without following or adhering the due acquisition process, the land of the petitioner has been used by the SECL. The petitioner made representations on 10.07.2023 (Annexure-P/2) & 22.07.2023 (Annexure P/4) praying for payment of compensation and employment in lieu of acquired land, but till date not a single penny has been released in favour of the petitioner. Therefore, it is prayed that this petition may be disposed off with direction.

3. The counsel representing the respondents opposes the submission and submits that the petition may be disposed off with appropriate direction.

4. Considered on the submissions.

5. In view of the statement made and in view of the order passed by this Court in Banshilal Sidar V. State of Chhattisgarh and Others (WPC No.4628 of 2011 decided on 19/10/2011), wherein this Court has observed that when there is deprivation of constitutional right as enshrined under Article 300A of the Constitution of India, adequate compensation has to be paid in all respects and the State authorities should take immediate steps to compute the compensation amount and pay the interest from the date of possession, till the amount of compensation is paid. The writ petition is disposed of with a direction that while determining the compensation the authorities shall consider payment of interest to the petitioner from the date of dispossession. Hence, on the basis of the view expressed in the 3 judgment mentioned hereinabove by this Court this petition is disposed off at motion stage. The petitioner is granted liberty to file fresh representation before the concerned respondents authorities within a period of 15 days and after filing of such representation the respondents authorities shall have a time of 60 days to consider and take decision on the representation made by the petitioner in view of the observations made hereinabove. With these observations the petition is disposed off.

Sd/-

(Rajani Dubey) Judge Ruchi

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