GUMLA NAGESIA & ANR. Vs. THE STATE OF JHARKHAND & ORS.
LAWS(JHAR)-2018-1-159
HIGH COURT OF JHARKHAND
Decided on January 03,2018

Gumla Nagesia And Anr. Appellant
VERSUS
THE STATE OF JHARKHAND AND ORS. Respondents

JUDGEMENT

D.N.PATEL,J. - (1.) This so called Public Interest Litigation has been preferred for the following prayers:- (i) For issuance of an appropriate writ(s)/rule(s)/order(s)/direction(s), or a writ in the nature of mandamus, commanding upon and directing the respondent State for making an enquiry by an appropriate agency with regard to action/conduct of the respondent - HINDALCO Industries Limited in illegally grabbing and doing mining over the lands of the primitive tribals residents of Kisko Block and other Blocks of the district Lohardaga without following due process of law. (ii) Further directing the respondents to take necessary steps for protecting the rights and privileges given to the primitive tribals of the State under the provisions of Indian Constitution as well as under the provisions of the Chhotanagpur Tenancy Act (hereinafter in short referred as 'CNT Act') (iii) For issuance of any other writ(s)/rule(s)/order(s)/direction(s) for which the petitioners are entitled to in the facts and circumstances of this case.
(2.) Having heard counsels for both the sides and looking to the facts and circumstances of the case, it appears that this is a public interest litigation at all. This is a publicity interest litigation.
(3.) There are several cannon of allegations against the respondent-company, which is HINDALCO Industries Limited. There are allegations that this company is grabbing the lands of those who are illiterate and tribals.;


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