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2026:CGHC:17853

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 1321 of 2022

1 - Smt. Rajkunwar @ Moti Bai Sahu @ Yagya Kunwar W/o Ramfal Sahu, D/o

Girdhari Sahu, Aged About 61 Years R/o. Village Bitkula, Tahsil Masturi,

District Bilaspur (Chhattisgarh), District : Bilaspur, Chhattisgarh

2 - Devendra Kumar Sahu, S/o Ramfal Sahu, Aged About 34 Years R/o Village

Bitkula, Tahsil Masturi, District Bilaspur Chhattisgarh, District : Bilaspur,

Chhattisgarh

... Petitioner(s)

versus

1 - National Thermal Power Corporation Limited Through The Chief General

Manager, Jamnipali, Korba, District Korba (Chhattisgarh), District : Korba,

Chhattisgarh

2 - Assistant Manager (Csr/ Land Acquisition) National Thermal Power

Corporation Limited, Jamnipali, Korba, District Korba (Chhattisgarh), District :

Korba, Chhattisgarh

... Respondent(s)

For Petitioner(s) : Mr. Yogesh Chandra, Advocate

For Respondent(s) : Mr. Anuroop Panda, Advocate

Hon’ble Shri Justice Rakesh Mohan Pandey

Order on Board

20/04/2026

1. The petitioners have filed this petition seeking the following relief:–

“10.1 That, this Hon'ble Court may kindly be pleased to

quash the impugned order dated 19-01-2022 (Annexure P-

1) and remand the matter for fresh consideration over the

claim giving opportunity of hearing to the petitioner.

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10.2 That, this Hon'ble Court may kindly be pleased to

direct the respondent authorities to grant employment to

the petitioner No.2 in the lieu of the land acquired by the

respondent company as per their prevailing Rehibiliation

Policy.

10.3 That, the Hon'ble Court be further pleased to grant

such other relief(s) as may be deemed fit and proper in the

interest of justice and fair play.”

2. The facts in brief are that the land bearing survey Nos. 335, 370, 385/2,

387, 388, 569, 570/1, 578, 585, 586, 587, 589/3, 640/2, total

admeasuring 4.47 acres, were earlier recorded in the name of father of

petitioner No. 1, i.e. Girdhari, who died in the year, 1976, thereafter,

petitioner No.1 inherited the aforesaid lands. Later on, the aforesaid

land were acquired by the National Thermal Power Corporation in the

years 1978–1979, and an award was passed on 28.03.1980.

Compensation was also awarded to the landholder to the tune of Rs.

35,950.15. Petitioner No. 2 is the son of petitioner No. 1. Petitioner No.

2 applied for employment in lieu of land acquired for construction of

Railway Track on 02.04.2021. As the claim was not considered &

decided, therefore, WPS No. 5044 of 2021 was filed, which was

disposed of vide order dated 21.09.2021 with a direction to the

respondents to decide the claim within a period of three months. The

respondent authorities rejected the claim of the petitioner No.2 vide

order dated 19.01.2022. Against the said order, the present petition has

been preferred.

3. Learned counsel appearing for the petitioners would argue that the

respondent authorities rejected the claim of the petitioner No.2 on the

ground that at the time of land acquisition, the name of petitioner No.

2 was not nominated by the landholder for employment. It has been

held in the order impugned that only son/daughter or spouse of the

landholder may apply for employment according to the rehabilitation

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policy. He would contend that petitioner No. 2 is the son of petitioner

No. 1. Petitioner No.1 is daughter of the original landholder; therefore,

he would come within the definition of “dependent”; thus, the finding

recorded by respondent No. 2 is bad in law and contrary rehabilitation

policy.

4. On the other hand, learned counsel appearing for the respondents

would oppose the submission made by counsel for the petitioners and

submit that the land of the father of petitioner No. 1 was acquired in

the year 1978-79 and immediately thereafter award was passed. He

would contend that the name of petitioner No. 2 was never nominated

by Girdhari for employment. The petition has filed in the year 2021

claiming employment in lieu of land acquisition which was disposed of

with a direction to the respondent authorities to decid