LAWS(JHAR)-2005-8-44

RAJMAHAL PAHAD BACHAO ANDOLAN Vs. UNION OF INDIA

Decided On August 19, 2005
Rajmahal Pahad Bachao Andolan Through President Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) ALTHOUGH the matter started out as public interest litigation, during the course of submissions, innumerable affidavits were filed rendering the litigation adversarial in nature.

(2.) THE writ petitioners claim to have filed the writ petition as a class action litigation by the tribal Chiefs of Rajmahal Pahar Bachao Andolan, Amla Pahad Block, Pakur District, Jharkhand and some Human Rights Organisations in the State of Jharkhand for enforcement and protection of the fundamental rights of the villagers of the said area as guaranteed under Articles 14 and 21 of the Constitution of India.

(3.) ACCORDING to the petitioners, Parliament enacted the Coal Bearing Areas (Acquisition and Development) Act, 1957 to enable the Union of India to acquire and develop land for coal mining purposes in addition to the provisions of the Land Acquisition -Act, 1894. It is the petitioners ' case that there has been a concerted attempt by the authorities to use the rich resources of the region for benefiting the State at the cost of the lives and the livelihood of the local population.