SOUTH EASTERN COALFIELDS LIMITED& Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Writ application of the private Respondent No.3 was allowed by the learned Single Judge vide order 26.07.2016. Direction was given upon the Appellant - Coal Company to consider the case of the private Respondent for rehabilitation and grant of employment under 2005 Rehabilitation Policy.

(2.) Such claim made by the private Respondent before SECL for providing employment on admitted acquisition of their land was rejected vide order dated 16/19.10.2009. The reason given by the Appellant-Company was that he was not a project affected person as his land which was taken over had to be in his/his father's possession and they must be the title holder for a period of atleast 20 years prior to the date of acquisition as the Rehabilitation Policy stood in the year 1991 and as amended in the year 1995.

(3.) The matter was examined by the learned Single Judge who took note of the new Rehabilitation Policy which was notified in the year 2005. That Policy made certain significant changes, one of them being that the period of 20 years was reduced to the period of 3 years. In addition to that, it also provided that that period of 3 years will be calculated from the date of notification issued under section 4 of the Land Acquisition Act. This is evident from the definition of Visthapit Vyakti i.e. Clause 2.1([k) which reads as under:-