The main legal point established is the need for police assistance in executing eviction orders, the importance of due process of law for evicting illegal occupants, and the inadequacy of Estate Officers, urging the Central Government to take positive steps in this regard.

1. Report in the form of Affidavit filed by Chairman-cum-Managing Director of Eastern Coalfields Limited be kept on record.

2. This public interest litigation has been filed complaining of unauthorized occupation of quarters belonging to Eastern Coalfields Limited, situate in West Bengal and Jharkhand.

3. From the report filed by the Chairman-cum-Managing Director of Eastern Coalfields Limited, it is found that Eastern Coalfields Limited has about 67,760 quarters. Out of the said quarters, 18,754 are illegally occupied by the persons who are either retired employees of the Eastern Coalfields Limited or rank outsiders. From the chart annexed to the said report, it appears that the Estate Officers have passed 2346 eviction orders in respect of 2346 quarters of Eastarn Coalfields Limited.

4. Mr. Basu, learned senior counsel appearing for Eastern Coalfields Limited, submits that none of the said orders have been executed. He seeks police assistance for implementing the said orders.

5. Mr. Mukherjee, learned senior counsel appearing for the State, submits that whenever such assistance is required, if reasonable notice is given to the police authorities, police help will be extended. Mr. Basu submits that at least 10 days notice shall be given to the police authorities for implementing the said orders of eviction.

6. Hence, if such notice is given, we direct the police authorities to extend all necessary assistance and cooperation to Eastern Coalfields Limited for executing the orders of eviction passed by the Estate Officers under the Public Premises (Eviction of Unauthorized Occupants’) Act, 1971.

7. As regards the other illegal occupants of the quarters, they will have to be evicted following due process of law. They cannot be thrown out even if they are trespassers.

8. Mr. Basu submits that at the moment there are only 16 Estate Officers, who are also holding responsible posts in Eastern Coalfields Limited and hence, it is very difficult for them to devote sufficient time to the work of an Estate Officer. He submits that sufficient number of Estate Officers should be appointed by the Central Government.

9. Mr. Chanda, learned Additional Solicitor General, says that he will seek instruction in the matter.

10. We also feel that the number of Estate Officers is wholly inadequate given the magnitude of the problem and hence, it is expected that some positive steps will be taken by the Central Government in this regard.

11. As regards the pilferage of coal and illegal mining operations, a Division Bench of this Court passed an order dated 5th May, 2017 directing the Commissioner of Police, Asansol as also the Superintendent of Police, Burdwan to ensure that illegal activities are curbed and/or stopped. The Commissioner of Police, Asansol and the Superintendent of Police, Burdwan are directed to ensure strict compliance with the order dated 5th May, 2017 to prevent theft of coal and illegal mining operations in the estate of Eastern Coalfields Limited within their respective jurisdictions. The Superintendents of Police of Purulia, Bankura and Birbhum in collaboration with the CISF are also directed to ensure that illegal mining operations and pilferage of coal are stopped. Needless to say that the CISF shall extend all support and cooperation to the Eastern Coalfields Limited whenever the same is sought for. The Commissioner of Police, Asansol, Superintendents of Police Burdwan, Purulia, Bankura and Birbhum shall submit a report in this Court on the next date as regards the steps taken by them for stopping illegal mining operations and pilferage of coal.

12. Let this matter be listed on 5th January, 2018 along with the Appellate Side matter being WP 24425(W) of 2017 [Retired Officers’ & Workers’ Welfare Association of ECL vs. Union of India & Ors.].