D.G.R.PATNAIK, J. - (1.) IN the instant writ application filed by way of public interest litigation, the petitioners have prayed for quashing the notification/resolution dated 30.9.2003 (Annexure -5) issued by the respondent No. 2, whereby rehabilitation policy earlier declared by the undivided State of Bihar in respect of displaced persons whose lands and houses were acquired for the purposes of the Subarnarekha Project was amended. The main grievance of the petitioner is that by introducing the amendment in the originally declared rehabilitation policy, the respondents have curtailed many advantages, benefits and facilities, which were given to the displaced persons under Annexure -2, resulting in irreparable loss and injury to the displaced persons.
(2.) THE facts stated briefly are that for the purpose of providing irrigation facilities to the vast tracts of the land in the Chhotanagpur region, the erstwhile undivided State of Bihar launched a project known as Subarnarekha Multi -purpose Project. Vast tracts of lands and houses of many villages were acquired under the Land Acquisition Act. For compensating the persons who stood displaced from their lands and houses, the State of Bihar formulated a rehabilitation policy, which was notified on 21.2.1981 (Annexure -2). The policy provided several measures including allotment of alternative land, financial grant and priority in employment under the Government by way of compensation to the displaced persons. In December 1990 the State of Bihar liberalized the rehabilitation policy by adding a few new schemes. The amended policy was notified on 11.12.1990. By another resolution notified on 18.9.1993 (Annexure -3) the State Government classified the displaced persons indifferent categories on the basis of area of their lands acquired for assuring the extent of compensation to each category. Later, by a circular dated 12.11.1999 (Annexure -4) an amendment was introduced by the State Government in the definition of "displaced persons". After bifurcation of the erstwhile State of Bihar on 15.11.2000, the State of Jharkhand comprising 22 districts came into existence. The State of Jharkhand sought to introduce further amendment in the previous rehabilitation policy and notified its resolution vide the impugned notification dated 30.9.2003. Mrs. Jaya Roy, learned Counsel for the petitioners, explains that the petitioners are some of those displaced persons whose lands and houses were acquired for the Subarnarekha Project. Under the original rehabilitation policy, the assurance given was that every displaced family would be provided with 25 decimals of land within residential colonies free of cost and a monetary grant of Rs. 20,000/ - will be provided for construction of two roomed house within the land. This benefit has been curtailed by the impugned notification. Similar other benefits have also been withdrawn vide Clauses 5, 5.1, 5.2, 6, 6.1 and Clauses 9, 9.1 and 9.3 of the impugned notification. Learned counsel argues that the State of Jharkhand is bound by the principle of promissory estoppel and cannot reduce the facilities of rehabilitation in the matter of offering substitute lands and employments to the displaced persons.
(3.) IN their counter -affidavit, respondents deny and dispute the claim of the petitioners and counter assert that the amended rehabilitation policy would not deprive the displaced persons of any of the benefits assured to them. Rather, the amended rehabilitation policy introduces facilities better than what was provided in the policy declared by the erstwhile State of Bihar in 1981. Shri Rajeev Ranjan Mishra, learned Counsel for the respondents, while inviting attention to a comparative study of the previous policy and the impugned amended policy, would explain that whereas in the previous policy each displaced family was assured of allotment of 25 decimals of land for rehabilitation and grant of Rs. 20,000/ -to those persons who were not desirous to accept the land, the amended policy provides for allotment of 15 decimals of land free of cost and a grant of Rs. 50,000/ -for construction of house to those who are not desirous to accept land. Likewise, assurance in the previous policy was that top priority will be given to the displaced persons in employment in class -III and class -IV posts in Chhotanagpur and Santhal Pargana region; 50% class -Ill posts will be filled up by the displaced persons; each displaced person will be given Rs 750/ - for conveyance and other expenses; the displaced persons, who received compensation amount less than Rs. 2,000/ -, will be granted Rs. 1500/ - as grant in aid; each displaced family will be provided with soft loan of Rs. 25000/ - for self -employment; each displaced family belonging to landless, marginal and small farmers will be given grant in aid of Rs. 10,000/ - for purchase of land and Rs. 15,000/ - as grant -in aid for development of agricultural land. In the amended policy, the amount of grant for house construction has been raised to Rs. 50,000/ - to each displaced family; conveyance grant has been raised to Rs. 2,000/ - for each displaced family for shifting of household materials to the new rehabilitated site. The grant for self -employment has been raised from Rs. 25,000/ - to Rs. 75,000/ - for enabling purchase of land and for the development of agricultural land. In addition to these, provision of grant of Rs. 15,000/ - has been made for training as per eligibility and a sum of Rs. 1,000/ - per month for each displaced family towards subsistence grant for a period of one year from the date of actual displacement. In the matter of employment, priority would be given in employment against the sanctioned class -III and class -IV posts in the Water Resources Department, State of Jharkhand. Furthermore, a provision has been introduced in the revised policy for community development such as, construction of roads, primary schools, health care center, ponds, etc.;