LAL BRAJESHWAR NATH SHAHDEO Vs. STATE OF BIHAR
LAWS(JHAR)-2006-8-45
HIGH COURT OF JHARKHAND
Decided on August 14,2006

Lal Brajeshwar Nath Shahdeo, Santosh Mahto And Nepal Baitha Appellant
VERSUS
STATE OF BIHAR (NOW JHARKHAND) Respondents

JUDGEMENT

R.K.MERATHIA, J. - (1.) ALL the three writ petitions were heard together as they involved common question of facts and law. The parties agreed to consider one or other affidavit filed in one or other case for disposal of these writ petitions.
(2.) THE petitioners have prayed for a direction upon the respondents to take a decision for release of unutilised lands (surplus lands) mentioned in the letter dated 13.7.1993 written by the Additional Collector. Ranchi to the District Land Acquisition Officer, Ranchi in terms of the policy decision of the State of Bihar and for other reliefs. According to the petitioners, though the lands were acquired in 1960 but the lands in question have not been used by the Heavy Engineering Corporation (H.E.C. for short). Therefore, it is submitted that the lands may be returned to them in view of the policy of the State of Bihar contained in letter dated 12.1.1979 (Annexure 6). The petitioners further rely on some letters of the Deputy Commissioner and the District Land Acquisition Officer, Ranchi to show that H.E.C. has surplus lands.
(3.) THE H.E.C. has disputed the correctness and validity of the said letters. H.E.C. has further said that the vacant lands are being used for allied purposes for generating funds towards working capital as per the package approved by the Board of Industrial and Financial Reconstruction. Learned Counsel appearing for H.E.C. submitted that H.E.C. is one of the nation 'spride and is mother of industries; and every body should wish and try that it revives and runs.;


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