BAR ASSOCIATION, JHARKHAND HIGH COURT Vs. STATE OF JHARKHAND
LAWS(JHAR)-2012-9-36
HIGH COURT OF JHARKHAND
Decided on September 11,2012

BAR ASSOCIATION, JHARKHAND HIGH COURT Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) LEARNED Advocate General has submitted that supplementary affidavit dated 1.9.2012 in response to the order of this Court dated 6.8.2012 has been filed in this case and has intimated that the National Law University (NUSRL, Ranchi) has already incurred the cost for construction of the boundary wall of the University to the tune of Rs.2.25 Crores, out of which, Rs.1.5 crores has been paid and the rest of the amount is in the process of the payment against the total proposed cost of the boundary wall of Rs.2.36 crores.
(2.) THE Indian Institute of Management, Ranchi, also has informed the Deputy Commissioner of Ranchi vide letter dated 31.8.2012 that the estimated cost of the construction of the boundary wall of their premises is Rs.2,53,19,000/- and already Rs.1.7 Crores has also been spent. However, no expenditure has been incurred in respect of the IIIT, Ranchi as no allotment land has been made in its favour till now. THE details of the per acre crop in the Nagri Village has been given and the concerned Anchal Adhikari has informed that the average production of the rice in the Nagri Village is eight quintals per acre. In the Nagri Village, 2 per cent of the land is irrigated by well. At the time of acquisition of the land, there was 150 raiyats and due to the expansion in the family for the last about more than 50 years, now the total persons may be 430. Some of the the students of the National Law University has submitted an Intervention Application. We have considered the research done by these students and they placed on record of their research work which indicate very valuable data with respect to the people, particularly in the Kanke area including Nagri, their educational, their total agricultural production and according to these intervenors, in view of the data available, it appears that the total rice production gives the rice of 1.98 grams per person per day against minimum requirements of 480 grams per day. They submitted that it is impossible that the persons who are claiming themselves to be total dependent upon the agriculture are in fact dependent upon the agricultural produce only looking to the total agricultural produce in the area particularly on the land which is acquired by the then Bihar Government. However, in view of the research made by the intervenors, the intervention application (I.A. No.2641 of 2012 ) for impleading them as party- intervenor is allowed.
(3.) WE may recapitulate that the writ petition was filed because of the reason of obstruction in the construction of the building of the National Law University , Ranchi and the facts came to the knowledge of this Court that there are other Institutions whose constructions are also affected because of the resistance by some persons, and therefore, in the public interest litigation, the scope was expanded and orders were passed also for the Indian Institute of Management and IIIT, Ranchi. However, in view of the statement of State, we are confining this petition only to the National Law University Ranchi and the Indian Institute of Management, Ranchi who have started construction of the boundary wall and already incurred Rs.2.25 crores by the National Law University and Rs.1.75 Crores by the IIIT,Ranchi. We may also recapitulate that this Court as back as on 30.4.2012 issued directions to the respondent-State to secure the construction of the buildings of the above institutions which should be started within 48 hours. Thereafter, some of the raiyats submitted applications questioning the land acquisition of the year 1956 -57 and that I.A. No.1558 of 2012 was dismissed by this Court vide detailed order dated 16.5.2012. Against this order, a Special Leave Petition being S.L.P.No. 18622 of 2012 was preferred by those applicants of the said I.A. and the same was also dismissed by the Hon'ble Supreme Court vide order dated 28.6.2012 holding that in a matter of land acquisition of 1956-57, the Supreme Court was not inclined to interfere in the orders passed by this Court dated 16.5.2012.;


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