2026:CGHC:4074 RUKHSAR BANO RUKHSAR BANO Date: 2026.01.27 10:55:20 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 301 of 2026

1 - Amit Nishad S/o Chhand Ram Nishad Aged About 29 Years R/o Village- Laat Tahsil Dharamjaigarh, District Raigarh (C.G.)

... Petitioner versus

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

2 - General Manager South Eastern Coalfields Ltd. Raigarh Area, District Raigarh (C.G.)

3 - Sub-Area Manager Chhal Open Cast Mining Project, SECL, Raigarh, District Raigarh (C.G.)

4 - The Collector Raigarh, Distt- Raigarh (C.G.)

5 - Sub-Divisional Officer (R) Dharamjaigarh, District Raigarh (C.G.)

... Respondents (Cause title, as taken from CIS)

For Petitioner : Mr. Sajal Kumar Gupta with Ms. Aditi Joshi, Advocates For Respondents No.1 to 3 / SECL : Mr. Sudhir Bajpai, Advocate For State/Respondents No.4 & 5 : Dr. Arham Siddiqui, Panel Lawyer.

(Hon’ble Shri Justice Naresh Kumar Chandravanshi)

Order on Board

23/01/2026

1. Heard.

2. This petition under Article 226 of the Constitution of India has been preferred by petitioner seeking following reliefs:-

“1. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to consider and grant employment to the petitioner, Amit Nishad, strictly in accordance with the Rehabilitation Policy, 1991, applicable on the date of acquisition of the land.

2. Direct the respondents to pass a reasoned and speaking order on the petitioner’s representation dated 15.09.2025 strictly in accordance with the Rehabilitation Policy, 1991, applicable on the date of acquisition of the land, within a time frame to be fixed by this Hon’ble Court.

3. Declare that the petitioner is entitled to all consequential benefits flowing from the Rehabilitation Policy, 1991, including employment and any other ancillary benefits arising thereto.

4. Pass any other order(s) or direction(s) that this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice. 5. Award costs of this petition in favour of the petitioner.”

3. Facts of the case, in brief, are that, the State Government had initiated land acquisition proceedings in the year 2003-04 for the 'Chhal (OCP) Open Cast Coal Mining Project of the respondent/Sub Area Manager, Chhal Open Cast Mining Project, SECL, Raigarh. The award of said acquisition proceedings was passed on 02.06.2005 in Revenue Case No.6/A-82/2003-04. There were a total of 250 land oustees. 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. After passing of the award, compensation was paid to the land oustees by SECL, 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 application/representation of the petitioner has been pending before the SECL authorities. The petitioner has filed this petition 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 land acquisition.

4. Learned counsel appearing for the petitioner would submit that the issue involved in the present case is no more res integra. She would further submit that a similar issue was raised in the matter of Pyarelal vs. South Eastern Coalfields Ltd. and Others and connected matters passed in WPC No 3076 of 2016, dated 11-09-2017, and the coordinate Bench of this Court directed the respondent authorities to consider the case of the petitioners for rehabilitation/employment strictly in accordance with the Policy applicable on the date of acquisition of their l