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2026 Supreme(Online)(Chh) 6729

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
M/s SHRI BAJRANG POWER AND ISPAT LIMITED – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
WPC/1943/2020



SUNITA GOSWAMI Digitally signed by SUNITA GOSWAMI Date:

2026.02.24

17:20:55 +0530

2026:CGHC:9584 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1943 of 2020 Reserved on 30/01/2026 Pronounced on 24/02/2026 • M/s Shri Bajrang Power And Ispat Limited, A Company Duly Incorporated Under The Provisions of The Companies Act, 1956, Having Its Registered Office At Village Borjhara, Urla Guma Road, District Raipur Chhattisgarh Through Its Whole Time Director Shri S. K. Goyal., ... Petitioner versus

1 - State of Chhattisgarh, Through Its Secretary, Department of Mineral Resources, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur Chhattisgarh, 2 - State of Chhattisgarh, Through Its Principal Secretary, Department of Forest, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur Chhattisgarh, 3 - The Collector, District Kanker, Chhattisgarh, 4 - The Chief Conservator of Forest, Kanker, District Kanker Chhattisgarh, 5 - The Divisional Forest Officer, East Bhanupratappur Forest Division, District Kanker Chhattisgarh

6 - Union of India, Represented Through Secretary to Government of India, Ministry of Mines, Shastri Bhawan, New Delhi 110001, 7 - Union of India, Represented Through Secretary to Government Of India, Ministry Of Environment, Forest And Climate Change, Indira Paryavas Bhawan, Jor Bagh, Lodhi Colony, New Delhi 110001 ------ Respondents ________________________________________________________ For Petitioner :Mr. Ankit Singhal, Advocate appears along with Mr. Mehal Jethani, Mr. Ashish Mittal and Mr. Amartya Bajpai, Advocates.

For State/Res.No.1 to 5:Mr. Dharmesh Shrivastava, Dy. A. G.

For Res. No.6 and 7 : Mr. Tushar Dhar Diwan, Advocate appear along with Mr. Shayon Kar, Advocate.

----------------------------------------------------------------------------------------------

Single Bench:Hon'ble Shri Justice Sanjay S. Agrawal

C A V Order

1. By virtue of this petition, the petitioner is questioning the legality and propriety of the order dated 13.07.2020 passed by respondent No.1- Secretary, Department of Mineral Resources, State of Chhattisgarh and, the letter dated 31.07.2020 issued by the Collector, District Kanker, respondent No.3 herein and, also the demand notice, dated 20.09.2019 issued by the Divisional Forest Officer, East Bhanupratappur, Forest Division, Kanker, respondent No.5 herein, whereby, the petitioner- M/s Shri Bajrang Power and Ispat Limited, a Company duly incorporated under the Companies Act, 1956 (hereinafter referred to as ‘the petitioner-company’), was directed to deposit a sum of Rs.68,28,480/- (Rs. Sixty Eight Lacs Twenty Eight Thousand Four Hundred Eighty only) towards compensation on pro rata basis payable to the villagers in the name of grazing, collection of tendu leaves and other Non Timber Forest Produce (in short ‘NTFP’), presently accruing from forest land which was proposed for diversion for mining activities for the petitioner-company.

2. (i) According to the petitioner-company, an application dated

19.06.2006 for obtaining mining lease for iron-ore over an area of 75 hectares land in forest compartment No.641 and 642 (old No.364 and 365) near the village Hahaladdi, Durgkondal Forest Range and Bhanupratappur East, Forest Division, District Kanker, was made and, the respondent No.6- Union of India, granted prior approval for the said purpose vide its order dated 23.10.2007 (Annexure P-1) under Section 5 of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as ‘the Act, 1957’) and thereafter, the respondent No.1 sought consent from the petitioner-company vide its letter, dated 18.02.2008 (Anenxure P-2) in order to incorporate certain terms and conditions as mentioned therein for the proposed mining lease and, the petitioner-company has given its consent vide its letter dated 19.02.2008 (Annexure P-3). After considering the terms and conditions, the respondent No.7- Union of India granted ‘in-principle’ approval vide its letter dated 03.05.2013 (Annexure P-4) for diversion of 76.5

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