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Chhattisgarh High Court directs petitioners to approach Bilaspur Collector regarding permission for coal washeries in scheduled area

The Chhattisgarh High Court has directed the petitioners to approach the Collector, Bilaspur for redressal of their grievances regarding operations for the permission of coal washeries in the scheduled area of the petitioners.

The Division Bench of Chief Justice Ramesh Sinha and Justice Rakesh Mohan Pandey disposed of a Public Interest Litigation (PIL) filed seeking direction to stay the further effect and operations for the permission of coal washeries in the scheduled area of the petitioners and looking to the conduct of the respondent authorities a transparent enquiry to be conducted for safeguarding the fundamental rights of the petitioners/ villagers.

The Counsel for the State have pointed out that the petition is a premature one and no environmental clearance has been given for the establishment of Coal Washeries at Village Khargahni.

He further submitted that the petitioners had themselves approached the Collector on 24.4.2023. A copy of the same has also been received by the office of Collector, Bilaspur, Chhattisgarh whereby they have raised their grievances before him but the said application has not yet been decided.

The State counsel also submitted that the petitioners have remedy under Section 165(6)(b) of the Land Revenue Code, 1959 for redressal of their grievance but from the perusal of the application filed on 24.4.2023, it does not transpire whether the said application has been filed under the aforesaid provision or not.

The counsel for the petitioners stated that he will approach the Collector with the fresh application under the aforesaid provision and the Collector may be directed to decide the same within the stipulated period.

“With the consent of learned counsel for the parties, the petitioners are directed to approach the Collector, Bilaspur/ respondent No.6 for redressal of their grievance by moving a fresh application in view of the relevant provisions of the Land Revenue Code, 1959, who shall decide the same within a period of three months after giving due opportunity of hearing to the parties”, the Bench directed.

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