..<.. 3=OTT "i|t<||rt<<, giifl'M'Ko, fsjrtl'y^ _ .M.^:^.L..^S~.DS./.61 •WIW *Ni*' 3II^?T ^S9i (4<<F'!,«l<tl) 214 TCnwBftgsi^i PETITIONER: <^i*([<ti'4}*i TnTI^f ^fel3fr <Pnt$s< ^ sifim aii^^i -Ve^sus- RESPONDENTS: (Writ Petition under Articlesl Division Bench: - Hon'ble Shri L.C. Bhadoo & Hon'ble Shri Sunil Kumar Sinh^, JJ. 23-1-2008: Smt. Hamida Siddique, copnsel for the petitioner -.--A. Chamaru Ram, S/o Udainath, aged about 55 years, Caste - Manjhi, R/o Village — Kudaridih, Kamieshwarpur, Police Station Kamleshwarpur, DistrictSurguja(C.G.) State of Chhattisgarh, Through: Secretary, Revenue Department, D.K.S. Bhawan, Raipur (C.G.) The Collector, District Surguja, Ambikapur (C.G.). Lahd Acquisition Officer, Surguja, Ambikapur, District Surguja (C.G.) Manager, Balco Manepat, Kamteshwarpur, District Surguja, (C.G.) C.M.D. Stariite, Korba (C.G.) Pereonal Manager, Starlite, Manepat, District Sitapur (CG) 226/227 ofthe Constitution of India) y '^•3 ^f^Tlf:'Rr u:;r^? 9ri?w 75? •^ww't, wf[v'i<c, {^v^wy. an^?r ira% (iyi-^<yi) 'TOIIWgltiT W^I <*llf<-l'il-< IWrt'i'if.'fe'zt <i»i<si< Shri Vinay t-1arit, Deputy No.1,2and3. Shri Abhishek Sinha, coun^< Heard. Repiy ofthe Public Interest] respondents. By this writ petition, the petftioher has sought following reliefe that:- directed Advocate General for the respondents <f >el for the respondents No.4, 5 and 6. Litigation has been filed on behatf of the > The respondent No.1 be compliance of the deed da1|e( 6 may be directed to conlply clauses11-A,B,C,D&E to take care of the execution and i1|ed 9-7-1^2 and respondents N6. 4, 5 & with the clauses 7 & 8 as well as dftheleasedeed. In other words: (c) the plantation should be operation has alreadybeen (d) respondents No.4, 5 & 6 connecting Manepat to oth^r to district headquarter; mafe? (e)the respondent No.1 measures protection of reclamation of land, use of ifrollution (a) the landtess specially the trfbals may be rehabilitated somewhere in the Manepat itself; (b) the employment should be ^iven to landtess specially to tribals; done in the area where the mining completed; |may be directed to maintain the road ^r places specially the road connecting be directed to provide prescribed environment like planting of trees, control device; 15 FS AB.fi B ^5'^ "'r:i:^ •K!iS\ j]^3IlISa iffli K!I! IIIK 'Sfi^^ -sTat.A B3';s5s;(rtHC—78 •-s<-—^-;11 ^ 's^f ^i^i^, tfiifly'i<»,(Si<yii«y 2-16 ai^iqn'^N S:II^l ^i:(T°p tfl an^nBScR (iyfl<<<w) '^giWtwg sn^i (f) respondents No.5 & 6 provisions of the Mines Ac' (nay be directed to comply with the 1952. (g) Exemplary cost may be in i may be directed to use as irriposed rehabilltation In the return filed by persons whose lands were acqif paid compensations. If original o1 paid compensation. Even per the agreement. Other terms being implemented in letter and ^ by the petitioner that payment lands have been acquired and landless specially to tribals, are respondents No.4 to 6, no rejo) alleging and gMng the names o( has not been paid or whose fami terms of the lease deed. respondents No.4 to 6, reliefe (a) resp^ndents Therefore As far as other reliefe sou' of the agreement are concerned, that they are imptementing terms deed was executed between Col 6, in the cireumstances, it is the d of the terms and conditions of tb •^ .—— ^'.^,... ..'-' . . ^12ifef^ 7?Pl^f '^^^^ ^:?ui<^R ^? affipT sn^g on the respondents and that cost 'Project Cost' of ecological restoration. No.4 to 6, they have stated that (red under lease agreement have been (vner has died, then legal heirs has been has already been implemented as and condittons of the lease cteed are jpirit. As far as reliefe (a) & (b) ctaimed of|compensation to those pereons whose ^mployment to those persons who are |;oncerned, in reply to the reply filed by |nder has been filed by the petitioner those persons to whom compensation |y members have not been employed in ', in view of the reply submitted by ^. (b) are not surviving. |ht regarding implementation of clauses ^ince respondents No.4 to 6 have stated |and conditions of the lease deed, lease ^ctor, Surguja and respondents No.4 to jrty of the Collector to ensure compliance lease deed. The Collector. Surguja is «s» _^»ES^^;- ^•^!^^^%^. "a'ai2K3a-HG—78 :'^1 '^SSf ^. Barve -SS3J -^W^, ^W^, ^wy. •3 ^. •WTOr *^i* y^t ^srai Cqaf^^i: TOiiwgita'nter 't>wli'l41-< VHvS^iWt <ntii< •^ aifgf 3i^w directed to appoint an officer of| with District Mining OfRcer to • regaraihgftmiplen^itation of the| ^nc^ ph' fhefr ret)prt, if hp reach'es to (rftbe le^s^d^.^s not being ii •B ;:-t3 i!yi;Si;;13;t;3 conditions are implemented by should tatosaction against Even thereafter, if terms and implemented by respondents to point out irregularity to the C about the allegations made by conelusion that the allegations should take corrective measu conditions ofthe lease deed. the rank of Sub Divisional Officer along ]visit sites and submit a report to him Iterms and conditions of the lease deed. tfie conclusion that anyterm and condition imlptemented, then to ensure that terms and respondents No.4 to 6, failing which he respohdents No.4 to 6, in accordance with taw. lconditions of the tease deed are not Noj4 to 6, then the petitioner will be at liberty ^llector, Surguja & he witl get it enquired tl^e petitioner. In case, he reaches to the Imade by the petitioner are correct, he i|es in order to implement terms and With the directions aforess|id, the petition is disposed of. Consequently, all the penc|ing applications also stand disposed of. Sd/- L.C. Bhadoo Judge Sd/- Sunil Kumar Sinha Judge A>^^A