STATE OF BIHAR Vs. CHINIBAS MAHTO

JUDGEMENT

(1.) MEMBERS of the Scheduled Caste, Scheduled Tribes and other communities whose agricultural lands were acquired 45 -50 years back and Steel Plant was established by the Central Government, namely, Bokaro Steel Plant of the Steel Authority of India Limited are the sufferers. The unfortunate part of this case is that those raiyats and land loosers have still not been paid their rightful and legitimate compensation because of the fact that the State of Bihar, now Jharkhand challenged the award passed by the Land Acquisition Judge by filing these appeals which are pending for the last 16 years in this Court.

(2.) ON 1.5.2006, these appeals were taken up by 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 of their land. For that purpose this Court directed the Chief Secretary, Revenue Secretary, Finance Commissioner, Secretaries of the Water Resources and Agriculture Department to appear before the Division Bench. Accordingly, on 2.5.2006 the matter was heard by the Division Bench and the following order was passed:

(3.) THAT , the SAIL (Bokaro Steel Plant) should also agree and undertake that whatsoever amount if the State Government has so far paid in the previous proceedings to the land -loosers from the State Exchequer and has not been returned or paid by the SAIL (Bokaro Steel Plant) to the State Government, the SAIL (Bokaro Steel Plant) shall also pay the entire such amount to the State Government without any preconditions(s).