D.N. Patel, J. - (1.) LEARNED Counsels appearing for the Petitioners vehemently submitted that the Petitioners are sublessees of the properties, in question. Leases were given by the Tata Steel Limited. By virtue of Sections 7D and 7E of the Bihar Land Reforms Act, 1950, the Tata Steel Limited had entered into lease agreement with the Respondent -State, wherein, Clause 8 thereof imposes an obligation upon the Tata Steel Limited to seek approval if at all the land is to be subleased.
(2.) LEARNED Counsels appearing for the Petitioners further submitted that as per the aforesaid Clause 8 of the lease agreement, an approval was sought for the sublease to be entered into, which was also granted, but, a condition for deposition of the sizable amount was imposed. The amount ordered to be paid has been fixed arbitrarily and without giving any opportunity of being heard to the proposed sub -lessee, who are the Petitioners. It is further contended by learned Counsels for the Petitioners that the demand made by the State of Jharkhand for the amount to be paid for grant of sublease, is without any authority of law and, hence, the same deserves to be quashed and set aside. No law permits the State of Jharkhand to impose and levy, any amount for approval of sublease from the hands of the lessee i.e. Tata Steel Limited to propose sublessee i.e. the Petitioners.
(3.) IT is further contended by learned Counsels for the Petitioners that in fact, the land in question, which is approximately 15700 acres was acquired under the Land Acquisition Act, 1894 and the compensation was already paid by the Tata Steel Limited and thus in fact the lessee is the owner of the property in question, but, by virtue of Bihar Land Reforms Act, 1950 especially under Sections 7D and 7E, the Tata Steel Limited has been declared as a lessee and lease agreement has been entered into between the State of Jharkhand and the Tata Steel Limited and by virtue of Clause 8 thereof original owner of the property i.e. the Tata Steel Limited has to get approval prior to sublease of the land. There is no authority under the law vested in the State to impose and levy, any amount for approval of the sublease.;