ALTAMAS KABIR, J. - (1.) ALTHOUGH the matter started out as public interest litigation, during the course of submissions, innumerable affidavits were filed rendering the litigation adversarial in nature.
(2.) THE writ petitioners claim to have filed the writ petition as a class action litigation by the tribal Chiefs of Rajmahal Pahar Bachao Andolan, Amla Pahad Block, Pakur District, Jharkhand and some Human Rights Organisations in the State of Jharkhand for enforcement and protection of the fundamental rights of the villagers of the said area as guaranteed under Articles 14 and 21 of the Constitution of India. According to the petitioners, out of 22 districts in the State of Jharkhand, 12 districts fully and 2 districts partially comprise Scheduled Areas. Some of the areas are covered by the Chotanagpur Tenancy Act, 1908 and the Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949, which are similar in nature. Furthermore the provisions of the Fifth Schedule to the Constitution and the provisions of the Panchayat (Extension to the Scheduled Areas) Act, 1996 (PESA) also apply to these areas which have rich mineral deposits, including coal.
(3.) ACCORDING to the petitioners, Parliament enacted the Coal Bearing Areas (Acquisition and Development) Act, 1957 to enable the Union of India to acquire and develop land for coal mining purposes in addition to the provisions of the Land Acquisition -Act, 1894. It is the petitioners ' case that there has been a concerted attempt by the authorities to use the rich resources of the region for benefiting the State at the cost of the lives and the livelihood of the local population.;