RANCHI, India, June 12 -- Jharkhand High Court issued the following order on May 11:

1. Heard, learned counsel for the parties.

2. By way of filing this writ petition, the petitioner has sought for issuance of appropriate writ(s) / order(s) / direction(s), particularly -

a) In the nature of a declaration that forcible eviction of the petitioners from their residential houses without following the due process of law regarding their rehabilitation & resettlement is illegal;

b) In the nature of a declaration that the forcible eviction of the petitioners without their rehabilitation and resettlement would amount to violation of the Rehabilitation and Resettlement Policy, 2008 of the State of Jharkhand.

c) In the nature of a declaration that the forcible eviction of the petitioners without their rehabilitation and resettlement would amount to violation of the Rehabilitation & Resettlement Policy, 2012 of the Coal India Limited.

d) In the nature of a declaration that to evict the petitioners from their place of residence without their rehabilitation and resettlement would amount to violation of sections 3 (g) of the Scheduled Caste and Scheduled Tribes (Atrocities) Act, 1989.

e) In the nature of mandamus commanding upon the Respondents to follow the due process of law in case of involuntary eviction of the petitioners from their residential houses in which they have been living for generations;

f) In the nature of a declaration that the eviction of the petitioners from their houses in which they have been residing since long would amount to violation of their right to life with dignity as guaranteed under Article 21 of the Constitution of India;

g) In the nature of direction to the Respondents prohibiting them to interfere with the peaceful possession of the petitioners over their residential houses unless the petitioners are rehabilitated and resettled by following the due process of law;

3. The fact of the case is that the petitioners are residents of 41 No. Basti (Colony) of Tapin North village, Mandu, Ramgarh, where their families have lived since the 1960s and 1970s, working in the coal mines. Following nationalization of the mines and takeover by CCL in 1983, they continued residing there for over 50 years. The petitioners received eviction notices from CCL alleging illegal occupation and were later asked to submit proof of residence prior to 1983, which they provided. They allege that CCL officials attempted forcible eviction, damaged their property, assaulted residents, and lodged criminal cases against some of them. The petitioners claim that they are being threatened with displacement without proper rehabilitation and resettlement.

4. Learned counsel for the petitioner submits that the petitioners submit that they have acquired the status of long-term residents and cannot be evicted without proper rehabilitation and resettlement. He further submits that according to the Jharkhand Government policy on Rehabilitation and Resettlement, it protects persons residing continuously for long periods from eviction without rehabilitation. He also submits that according to Rehabilitation and Resettlement Policy of Coal India Limited, 2012, the petitioners qualify as "affected families" and are entitled to rehabilitation benefits.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x4BCtWSnayoiUQUZR5Re4VzbleTgzXVLFzQmDhhjKRjb&caseno=WPC/2117/2026&cCode=1&cino=JHHC010249092025&state_code=7&appFlag=)

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