STATE OF BIHAR Vs. CHINIBAS MAHTO

JUDGEMENT

(1.) MORE than 10,000 families who are the members of the Scheduled Caste, Scheduled Tribes and other communities were dispossessed from their agricultural lands 45 -50 years back under the provisions of Land Acquisition Act when their lands were acquired in the year 1959 -1962 for the purpose of construction of 4th Steel Plant at Bokaro for erection of Iron and Steel, ancillary works and industries and on the said land Bokaro Steel Plant of Steel Authority of India was established and possession of the said land was given by the State to the Bokaro Steel Plant in 1964. Unfortunate part is that those raiyats and land losers have still not been paid their rightful and legitimate compensation amount so enhanced by the Land Acquisition Judge because of the fact that the State of Bihar, now Jharkhand have challenged those awards passed by the Land Acquisition Judge by filing these appeals before this Court which are pending for the last 16 years.

(2.) ABOUT 46 appeals and 10,312 applications under Section 28A are still pending and those persons are waiting for payment of compensation. It is not only violation of their legal right, but human right also. On 1.5.2006, these appeals were taken up by the learned Single Judge and the same was referred to the Division Bench. While referring the matter to the Division Bench, learned Single Judge, considering the provisions of Section 89 of the C.P.C. and the Mandate of the Supreme Court, expressed his feelings that it is high time the dispute be settled through Alternative Dispute Redressal Forum so that those poor land losers could get compensation for their land.

(3.) THE matter was again heard and adjourned. On 12.9.2006, the learned Counsel appearing for the Bokaro Steel Plant informed that about 7000 applications are pending under Section 28A of the Land Acquisition Act before the Collector -cum -Land Acquisition Officer, Bokaro. Learned Counsel further informed that the Steel Authority of India Ltd is interested to settle all the claims so that State of Jharkhand could finally transfer those lands in favour of the Company by executing a deed of conveyance. It was submitted that all cases shall be settled with the help of Lok Adalats. After hearing the parties, this Court constituted a Committee consisting of Conciliator appointed by State Legal Services Authority, Mr. Sandip Tula, A.G.M. (Personnel), Managing Director, Secretariat Bokaro Steel Plan, SAIL and Mr. M.P. Sinha, A.G.M. (Project) Bokaro Steel Plant, SAIL, Mr. Rajiv Ranjan, Advocate and the Director (Project) Land and Rehabilitation, Bokaro. The Law Secretary, Govt. of Jharkhand was nominated as Convener of the Committee and was directed to submit detailed report as to number of cases pending before the Land Acquisition Officer and the amount which the company is ready to pay.