2026:CGHC:12629 NAFR AJAY KUMAR DWIVEDI HIGH COURT OF CHHATTISGARH AT BILASPUR DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2026.03.17 WPC No. 946 of 2026

17:05:28 +0530

1. Devashish S/o Late Madhosay Aged About 26 Years Caste - Bhariya Occupation Unemployed R/o Gopalpur Jamnipali Korba, P.S. And Tahsil Darri District Korba Chhattisgarh

2. Ahilya Bai Wd/o Late Madhosay Aged About 55 Years Caste - Bhariya Occupation Housewife R/o Gopalpur Jamnipali Korba, P.S. And Tahsil Darri District Korba Chhattisgarh ... Petitioners.

Versus

1. South Eastern Coalfields Limited Through The Chairman Cum, Managing Director Seepat Road District Bilaspur Chhattisgarh

2. The Chief General Manager Secl, Korba Area, District Korba Chhattisgarh

3. The Sub Area Manager Saraipali Open Cast Mining Project, Secl, Korba Chhattisgarh

4. The State Of Chhattisgarh Through The Collector, Distt. Korba Chhattisgarh ... Respondents.

(cause title downloaded from CIS Periphery)

For Petitioners : Mr. Ashok Kumar Shukla, Advocate.

For Res/SECL : Mr. Vaibhav Shukla, Advocate.

For State : Mr. Shobhit Mishra, Dy. GA. ( Hon’ble Shri Justice Naresh Kumar Chandravanshi )

Order on Board

17/03/2026

1. Heard

2. The State Government had initiated land acquisition proceedings in the year

2005 for the ‘Saraipali Open Cast Project’ of the respondent/Sub Area Manager, Saraipali, Open Cast Mining Project, SECL, Korba. The award of said acquisition proceedings was passed on 06.09.2007 in Land Acquisition Proceeding Case No.10A/82/2004-05. There were a total of 856 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 the 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 applications/representations of some of the petitioners have been rejected by 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. A prayer has also been made by the petitioners to quash the order passed by the SECL authorities, whereby their claims have been rejected.

3. Mr. Ashok Kumar Shukla, learned counsel appearing for the petitioners would submit that submits that petitioner's father namely late Madhosy was recorded owner Survey No.77/2, Area 0.22 (0.089 Hectares) situated at Village Gopalpur, Tahsil Darri, District Korba, thereafter same has been held by the petitioner in his account and subsequently, acquired the respondent Authorities. However, counsel submits that the issue involved in the present case is no more res integra. He would contend 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 on the date of acquisition of their lands within 45 days.

4. On the other hand, learned counsel appearing for the SECL would oppose.

He would submit that the petitioners have no right to claim employment according to the Rehabilitation Policy of 1991. He would further submit at the relevant time it was found many persons of the said village are not original land oustees. He would also submit that the Rehabilitation and Resettlement Policy of Coal India Limited, 2012, provides that if any of the land ous