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s Si Ig Dn De Hd Ab Ny T 2026:CGHC:22439

SIDDHANT TAMRAKAR

TAMRAKAR Date:

2 10 72 :06 7.0 :25 5.14 NAFR

+0530

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 5374 of 2022

• Sarojani Bai Rathore D/o Shri Kanhaiya Lal Rathore Aged About 56 Years W/o

Lakhanlal Rathore, R/o Village - Bhatora (Naraibodh), Post - Bhilaibazar,

District - Korba (C.G.)

... Petitioner

versus

1. South Eastern Coalfields Limited Through Chairman-Cum-Managing Director,

South Eastern Coalfields Limited, Seepat Road, Bilapur (C.G.)

2. Director (Personnel) South Eastern Coalfields Limited, Head Quarter, Seepat

Road, Bilaspur (C.G.)

3. Chief General Manager South Eastern Coalfields Limited, Kusmunda Area,

District - Korba (C.G.)

4. General Manager South Eastern Coalfields Limited, Gevra Area, District -

Korba (C.G.)

... Respondent(s)

For Petitioner : Mr. Chandresh Shrivastava, Advocate

For Respondents : Mr. Sudhir Kumar Bajpai, Advocate

Hon’ble Shri Justice Rakesh Mohan Pandey

Order on Board

13/05/2026

1. The petitioner has filed this petition seeking the following relief(s):-

“10.1. The Hon'ble Court may kindly be pleased to call for the

entire record pertaining to the case of the petitioner.

10.2. The Hon'ble Court may kindly be pleased to quash the

impugned order dated 13.05.2022 (Annexure P-1) issued by

the respondent no.4.

10.3. The Hon'ble Court may kindly be pleased to direct the

respondent authorities to consider the case of the petitioner

for grant of employment as per her nomination in lieu of his

land acquired by the respondents.

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10.4. Any other relief, which this Hon'ble Court may deems fit

and proper may also be awarded to the petitioner including

the cost of the petition.”

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

2009 for extension of Gevra Project of the respondent/SECL, Korba. The land

of the petitioner bearing survey No.2/4, admeasuring 0.06 acres (0.024 hectare)

of village Naraibodh, Tehsil-Katghora, Distt-Korba, along with other lands

were acquired by the Government of India, Ministry of Energy, Department of

Coal, New Delhi, under the Coal Bearing Areas (Acquisition and

Development) Act 1957 (in short C.B.A. Act, 1957). In this regard, a

notification under Section 4 of the C.B.A. Act, 1957 was issued on 29.01.2009

and notification under Section 7 of the C.B.A. Act, 1957 was issued on

29.09.2009 and notification under Section 9(i) of the C.B.A. Act, 1957 was

issued on 03.06.2010 by the Central Government and published in the official

Gazette. It was agreed by the SECL to provide employment to one of the

family members of each land oustee as per the Rehabilitation Policy.

Subsequently, employment was offered according to the Rehabilitation and

Resettlement Policy of Coal India Limited, 2012 and not according to the

Policy of State, 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 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 State, which was in existence at the

time of land acquisition. There is a prayer by the petitioner to quash the order

passed by the SECL authorities, whereby her claim has been rejected.

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3. Mr. Chandresh Shrivastava, learned counsel appearing for the petitioner would

submit 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, l