NAUSHAD ALI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this petition under Article 226/227 of the Constitution of India the petitioner has prayed for quashment of the order dated 16/19-10-2009 (Annexure P/3) whereby the respondent SECL has informed the petitioner that only such Project Affects Persons (for short 'PAPs') are entitled for employment in lieu of acquisition of land, who were in possession of the land and were title holder for a period of 20 years prior to the date of acquisition. The petitioner has also prayed for a direction to the respondents to grant him appointment as per the provisions of the Chhattisgarh State Rehabilitation Policy of 2005.

(2.) Material available in the record would indicate that the petitioner's land was acquired for the benefit of SECL by issuing a notification dated 30-9-2004 under Section 4 (1) of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (for short 'the Act, 1957'). Another notification was issued on 30-9-2005 to finally acquire the land belonging to the petitioner, amongst other lands situated at village Chaura, Tahsil Rajpur, District Sarguja for Mahan II Open Cast Project Bhatgaon Area, SECL, District Sarguja. On 16/27-11-2008 the petitioner was informed to receive compensation of Rs.1,07,128/- in lieu of acquisition of khasra No.671/26 and 671/46 area of 0.484 hectares.

(3.) Upon receipt of the letter for receiving the compensation the petitioner represented the matter before the SECL seeking employment as well as compensation. Responding to the said representation of the petitioner, the impugned order (Annexure P/3) has been issued by the SECL informing the petitioner that only such persons are entitled for employment under the Rehabilitation Policy of the year 1991 as amended in the year 1995 who were title holder and possessing the land for a period of 20 years just prior to the date of acquisition.