- (1.) PURSUANT to the order dated 25.1.2007, the Revenue Secretary, Government of Jharkhand has filed affidavit. For better appreciation and clarification, we would like to reproduce the entire affidavit which is as under: 1. That I am at present working and posted as the Principal Secretary, Revenue and Land Reforms, Government of Jharkhand at Ranch and, as such I am well acquainted with the facts and circumstances of the instant case. 2. That the deponent is swearing this affidavit as per the directions of this Hon ble Court on the Steel Authority of India Ltd., agreeing to undertake the entire liability with regard to payment of compensation to the land looser arising out of the acquisitions made for the establishment of Bokaro Steel Plant, Bokaro and also with relation to such agreeing of Steel Authority of India Ltd., (hereinafter to be referred to as the SAIL) for execution of a Deed of conveyance by the State Government in favour of the SAIL (Bokaro Steel Plant). 3. That, the deponent states and submits that the SAIL (Bokaro Steel Plant) should unequivocally agree and undertake that it would pay to the landloosers whatsoever amount of compensation is determined for payment in the pending proceedings in any Court and also it should agree and undertake that it would pay all such compensation to the claimants, if so determined in due proceedings to be initiated in future. 4. That, the SAIL (Bokaro Steel Plant) should also agree and undertake that whatsoever amount if the State Government has so far paid in the previous proceedings to the land -loosers from the State Exchequer and has not been returned or paid by the SAIL (Bokaro Steel Plant) to the State Government, the SAIL (Bokaro Steel Plant) shall also pay the entire such amount to the State Government without any preconditions(s). 5. That this way the SAIL (Bokaro Steel Plant) should undertake that the entire liability which has accrued in past proceedings and are to be determined in the pending proceedings and/ or further to determined, if fresh proceedings in some future time are levied and initiated, the total liability which is fixed and determined in this regard would be that of the SAIL (Bokaro Steel Plant) and the State Government in no way would be liable to make payment of any amount whatsoever. 6. That the SAIL (Bokaro Steel Plant) should also agree that the lands, which are in occupation of the State Government for the use of local administration and different offices and arms of the State Government, shall not be asked to be handed over to the SAIL (Bokaro Steel Plant) nor any compensation for those lands should be asked to be borne by the State Government. The liability of payment of compensation in respect of those lands shall also be that of the SAIL (Bokaro Steel Plant). This concession the SAIL (Bokaro Steel Plant) is required in view of the facts that approximately 3600 acres Government lands and 778 acres of forest land had been given to the SAIL (Bokaro Steel Plant) free of cost. Further whatever expansion of Government officers is done in future at Bokaro it is possible only when SAIL provides lands free of costs as there is hardly any Government land left there. Therefore, SAIL shall show utmost consideration to this future demand of land for the Government use without asking for any monetary compensation. Further, SAIL (Bokaro Steel Plant) shall not claim any special or otherwise right or privilege over those lands under the occupation of the State Government. 7. That if SAIL (Bokaro Steel Plant) agrees to fulfill the above mentioned proposition solely at their own cost, the State Government shall have no objection/hesitation in executing a Deed of Conveyance in favour of the SAIL (Bokaro Steel Plant). 8. That, the State Government only wants that no financial liability in any form in any case at any point of time in respect of payment of compensation of the acquired lands should be asked to be borne or shared by the State Government. 9. That, the SAIL (Bokaro Steel Plant) should also undertake that whatsoever compensation is determined in any proceeding in favour of raiyats, the raiyats concerned will be paid their amount of compensation by the SAIL (Bokaro Steel Plant) and the raiyats shall not be subjected to prolonged litigation. This protection the SAIL (Bokaro Steel Plant) is required to provide to the raiyats so that at no point of time the State Government may be required to Interfere in any such matter. The State Government does not want henceforth any interference in the management of such lands or in any matter with regard to compensation to the raiyats. 10. That, as per the report of the committee the esteemed liability with regard to pending 28 -A applications has been determined around Rs. 65 crores which does not include the amount of compensation involved in 46 (forty six). First appeals pending in the High Court, 10 (Ten) cases under Sec. 18 pending before the Land Acquisition Judge, Bokaro and the amount of liability to be determined in prospective future proceedings, as such by way of good gesture the SAIL (Bokaro Steel Plant) should deposit substantial money with the Department for payment of raiyats and for adjustment of accounts with regard to the amount paid by the Government previously to raiyats/ lands - loosers. 11. That, the lands had been acquired decades ago and with the acquisitions of the land the entire lands had been handed over to the then Hindustan Steel Ltd. (HSL), now the SAIL (Bokaro Steel Plant) and accordingly Bokaro Steel Plant was established. The entire acquired lands since the time of such acquisitions are under the management and control of the SAIL (Bokaro Steel Plant) and the State Government has no role in any such management and control of such acquired lands. The SAIL (Bokaro Steel Plant) now cannot ask or insist the State Government to put it in possession of any particular piece of land including the so -called 824, 855 acres of land given in the BSP/SAIL affidavit in view of the fact that the lands have already been put under the possession of the SAIL (Bokaro Steel Plant) or are under their deemed possession and if there has been any encroachment/illegal occupation by any one, it had occurred while it was under the management and control of SAIL (Bokaro Steel Plant) and, as such, the State Government cannot give any undertaking that it would put the SAIL (Bokaro Steel Plant) in possession of any such land(s) which have been occupied by local person2). However, the State Government shall provide help and assistance to the SAIL (Bokaro Steel Plant) in evicting them in due proceedings at the initiative of SAIL (Bokaro Steel Plant), but that would be only on the request of the SAIL (Bokaro Steel Plant). 12. That there are number of first appeals pending in the Hon ble High Court filed by the State Government which appeals shall be withdrawn in due course if the SAIL (Bokaro Steel Plant) agrees and undertakes to pay to the raiyate/land -loosers the liability in respect of the acquired lands and State Government is absolved from all financial liabilities in respect of payment of compensation of the acquired lands. Mr. Rajiv Ranjan, learned Counsel appearing for the respondent -SAIL submitted that the respondent has agreed to the conditions quoted herein below. In this regard an affidavit has been filed by one K.K. Mishra, AGM (Law), Bokaro Steel Plant of SAIL. We shall also reproduce paragraphs 4 to 7 of the affidavit which are as under: 4. That in response to paragraphs 2, 3, 4, 5. 8 and 9 of the affidavit of Principal Secretary, Revenue and Land Reforms, Government of Jharkhand, Ranch! filed on 31.1.2007, the SAIL/BSP undertakes to pay the entire liability with respect to the past payment already made by the Government as well as with respect to the pending cases as detailed in the final report of the committee constituted by the Hon ble Jharkhand High Court vide order dated 12.9.2006 in F.A. No. 45/91 (R) and 46/91 (R). 5. It is further stated that the final report of the committee clearly indicates that the total liability of the compensation comes to around Rs. 65,12,10,425/ -(approx) which the SAIL/BSP is ready to pay. The committee has also indicated that it has not taken into consideration while assessing the aforesaid amount the possibility of filing different application under Section 28 -A in case the 10 cases pending before Land Acquisition Judge, Bokaro as disclosed in Annexure -3 of the final report which may be ultimately decided in favour of the landowners and in that regard the SAIL also undertakes to pay such future liabilities. 6. That in response to paragraph 6, SAIL/BSP agrees and admit the same. 7. That the State Government may execute the Deed of Conveyance within a time frame of one month.
(3.) HAVING regard to the affidavits filed by the parties, we issue the following directions: The respondent -SAIL shall keep ready a sum of Rs. 70 crores for the purpose of payment to the rightful claimants on the basis of settlement that shall be arrived at in the Lok Adalat. The respondent shall also keep a further amount of Rs. 30 crores ready for disbursement in future to the claimants. Put up this case on 28th February. 2007. I.A. No. 3551 of 2006
(4.) HEARD Mr. V. Shivanth, learned Counsel appearing for intervenor and perused the instant application wherein prayer has been made for an order impleading the petitioner as an intervenor in the present proceeding. Admittedly, the intervenor -petitioner is not an awardee, nor he is a party in any of the proceedings, either before the Land Acquisition Officer or before the Land Acquisition Judge under reference or, in any Court. On the contrary, the petitioner claimed the land in question and filed writ petition which was dismissed upto the Supreme Court. However, on the basis of observation made by the Supreme Court, the intervenor filed a suit for declaration of title which is pending.;