High CourtsDivision Bench(2026) 10 BOM CK 5244

Shilatai Ganpatrao Longadge & Anr. vs Western Coalfields Ltd. & Ors.

Bombay High Court, Nagpur Bench · Decided on 16 October 2026

HON’BLE JUDGES
Raj D. Wakode, J · Urmila Joshi-Phalke, J
RESULT
Allowed
CASE NUMBER
Writ Petition No. 1094 of 2026

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Judgment

16 paragraphs · 649 words

(PER : RAJ D. WAKODE, J.)

Heard Mr. D.Y. Chatap, learned counsel for the petitioners, and Mr. I.V. Tambi, learned counsel for respondent Nos. 1 and 2.

2.

Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.

3.

The petitioners have approached this Court challenging the impugned communication dated 12.01.2026 issued by respondent No. 2, whereby their application seeking benefits under the Rehabilitation and Resettlement Policy of Coal India Limited, 2012 (hereinafter referred to as “the Rehabilitation and Resettlement Policy”, for the sake of brevity) was rejected.

4.

Learned counsel for the petitioners submits that the petitioners are the owners of land bearing Survey No. 21, admeasuring 0.22 hectares, situated at Mouza Kolgaon, Tahsil Rajura, District Chandrapur (hereinafter referred to as “the aforesaid land”, for the sake of brevity). The aforesaid land is their self-acquired property, and the petitioners became its absolute owners by virtue of a registered sale deed dated 29.12.2020. Their names were accordingly mutated in the revenue records.

5.

Respondent Nos. 1 and 2 acquired the aforesaid land under the provisions of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (hereinafter referred to as “the Act of 1957”, for the sake of brevity), for the purpose of the Ballarpur North-West Opencast Mine. In view of the aforesaid acquisition, the petitioners claim to be entitled to land compensation and employment in accordance with the applicable provisions of the Act of 1957 and the Rehabilitation and Resettlement Policy.

6.

Accordingly, the petitioners submitted an application dated 02.01.2026 to respondent Nos. 1 and 2 seeking the aforesaid benefits. A copy of the application is placed on record at page No. 64 (Annexure-4). However, by the impugned communication dated 12.01.2026, respondent Nos. 1 and 2 rejected the application solely on the ground that Regular Civil Suit No. 21 of 2025, instituted by respondent No. 3 in the Court of the learned Civil Judge, Junior Division, Rajura, in respect of the aforesaid land, was pending. It was stated that the benefits could not be granted unless the aforesaid civil suit was disposed of. A copy of the impugned communication dated 12.01.2026 is placed on record at page No. 66 (Annexure-5).

7.

Learned counsel for the petitioners has invited our attention to the pursis dated 15.10.2026 filed by the petitioners. Paragraph 2 of the aforesaid pursis indicates that, during the pendency of the present petition, the parties amicably settled their dispute in the aforesaid proceedings. Consequently, the learned Civil Judge, Junior Division, Rajura, disposed of Regular Civil Suit No. 21 of 2025 by order dated 23.09.2026. A copy of the aforesaid order dated 23.09.2026, passed below Exhibit 1 in Regular Civil Suit No. 21 of 2025, has also been placed on record along with the pursis.

8.

In view of the above development, the sole ground on which respondent Nos. 1 and 2 rejected the petitioners’ claim for benefits under the Act of 1957 and the Rehabilitation and Resettlement Policy, vide the impugned communication dated 12.01.2026, no longer survives. Learned counsel Mr. Tambi, appearing for respondent Nos. 1 and 2, does not dispute the aforesaid position.

9.

In view of the above, we pass the following order:

ORDER

(i)

The writ petition is allowed.

(ii)

The impugned communication dated 12.01.2026 issued by respondent No.2 - Area General Manager, Western Coalfields Limited, Ballarpur Area, District Chandrapur, is hereby quashed and set aside.

(iii)

Respondent Nos. 1 and 2 are directed to consider and decide the petitioners’ application seeking execution of the agreement, disbursement of land compensation, nomination for employment, and completion of the other requisite formalities in accordance with the applicable provisions of the Act of 1957 and the Rehabilitation and Resettlement Policy.

(iv)

The aforesaid exercise shall be completed by respondent Nos. 1 and 2 within a period of eight weeks from today.

10.

Rule is made absolute in the above terms. No order as to costs.