L. Nageswara Rao, J. - (1.) The Certificate Officer, Jamshedpur issued a notice for recovery of a sum of Rs.5,97,97,527.92/- towards interest on arrears of rent payable by the Respondent on 10.05.1994. The objection raised by the Respondent was rejected by an order dated 23.01.1996. The Respondent filed a Writ Petition challenging the demand and the order dated 23.01.1996 of the Certificate Officer in the High Court of Bihar at the Ranchi Bench (now Jharkhand), which was allowed. This Appeal arises out of the said judgment of the High Court.
(2.) Land was acquired and conveyed to the Respondent between the years 1912-1929 under the Land Acquisition Act, 1894 for setting up an industry. The Respondent established an integrated steel plant, allied manufacturing units, township, civic amenities for its staff, hospitals, schools, parks, etc. The entire township came up gradually which was renamed as Jamshedpur.
(3.) The Bihar Land Reforms Act was enacted in the year 1950 (for short "the BLR Act") and by a Notification dated 01.01.1956 all lands of the Respondent Company stood vested in the State Government. Section 2B was inserted in the BLR Act in the year 1961, (Vide Bihar Land Re-forms (Amendment) Act, 1960, Act 02 of 1961.) exempting the lands which were acquired for an industrial undertaking from the application of the BLR Act. By virtue of the said amendment, the Respondent's lands were exempted from vesting under the BLR Act. Thereafter, Section 2B of the BLR Act was deleted in the year 1972 vide the Bihar Land Reforms (Amendment) Act, 1972, (Act No.5 of 1972) (for short "Amendment Act, 1972"). Consequently, the lands of the Respondent again stood vested in the State. Amendment Act, 1972 was assailed by the Respondent by way of a writ petition in this Court. The implementation of the Amendment Act, 1972 against the Respondent was stayed by this Court. Later, the Writ Petition was withdrawn by the Respondent and the State of Bihar amended the BLR Act in the year 1982 by enacting the Bihar Land Reforms (Amendment) Act, 1982 (for short "Amendment Act, 1982"). Sections 7D and Section 7E of the BLR Act were substituted by the Amendment Act, 1982 and the Respondent was treated as the deemed lessee of the State Government for the lands held by it subject to the payment of fair and equitable rent which was to be determined by the State Government.;