GOPAL PRASAD Vs. SUB DIVISIONAL OFFICER CUM COLLECTOR

JUDGEMENT

(1.) Both the cases are inter-related, they have been heard together and are being disposed of by this common judgment.

(2.) In C.W.J.C. No. 106/91 (R) prayer has been made for quashing the order dated 17-9-1990 passed in B.P.L.E. case No. 73/90 whereby respondent No. 2 directed the petitioners to remove the encroachment from the land in question within two weeks. In M.J.C. No. 78/93 (R) prayer has been made by respondent No. 3 for initiating a contempt proceeding against the petitioners for violating the order dated 22-1-1991 whereby direction was given to maintain status quo with regard to the land in question.

(3.) The relevant facts of the case are that the land in question was acquired by the State of Bihar for establishment of industrial units. Subsequently, respondent No. 3 established iron and steel industry over the land acquired. The Bihar Land Reforms Act, 1950 came into force and a dispute arose whether the respondent No. 3 is estate and it vested in the State of Bihar. In 1961 S. 2B was inserted in the Bihar Land Reforms Act, 1950 and respondent No. 3 was saved from vesting of the estate in the State of Bihar. However, the said provision was deleted in the year 1972 with retrospective effect and S. 7D was inserted. Respondent No. 3 challenged the amending Act, 1972 before the Supreme Court and the operation of the Amending Act, 1972 was stayed with respect to respondent No. 3. However, respondent No. 3 withdrew the case which was filed before the Supreme Court challenging the Amending Act, 1972. On 9-11-1984 an agreement was executed between the State of Bihar and respondent No. 3 and subsequently on 1-8-1985 a registered lease deed was executed by the State of Bihar in favour of respondent No. 3 and the terms of agreement was included in the lease deed, Annexure-6. In clause XXI of lease/agreement it was stated that "the State being paramount owner of the land leased out to the company, the provision of Bihar Public Land Encroachment Act will apply to such land also and for the purpose of prevention and removal or regularisation of encrochment on lands an efficacious procedure will be set up by the Government in consultation with the company." In clause XXV it was stated that the settlee will hold the land as tenant under the State Government.