- (1.)THE petitioners, who are the villagers of Dahiposh village under steel township of Rourkela Steel Plant Limited (hereinafter referred to as 'the RSP) whose lands were acquired by the State Government under the Revenue Department vide Notification dated 22.2.1954 for establishment of Steel Plant and allied and ancillary industries under the provisions of Orissa Development of Industries, Irrigation, Agriculture, Capital Construction and Resettlement of Displaced persons (Land Acquisition Act, 1948) (in short 'the LA Act, 1948), have filed this writ application seeking for issuance of a writ of certiorari to quash the tripartite agreement dated 29.6.2005 (Annexure -4) and restore the suit lands to the original land owners and the petitioners who are their descendants, urging various facts and contentions.
(2.)NECESSARY brief facts are stated for the purpose of appreciating the rival legal contentions urged in this writ application to find out as to whether the petitioners are entitled for the reliefs sought for in this writ application.
(3.)IT is the case of the petitioners that their lands had been acquired by the Government under the LA Act, 1948. As per the policy, the land oustees are entitled for cultivable waste lands in lieu of acquired cultivable land with the ancillary benefits. It is their case that though some compensation was paid to the petitioners' ancestors, no cultivable waste land in lieu of acquired land was provided to them, the petitioners' ancestors and after them the petitioners are in possession of the land, they are staying in the house constructed by them thereon and cultivating the land by raising double crops from the date of notification till date. It is their further case that the petitioners are tribal persons of the scheduled area and they were not aware of the acquisition and the tripartite agreement executed between the State Government, Rourkela Steel Plant and Padmanav Educational Trust which is impugned in this writ application. Though the Tripartite lease agreement was executed on 1.7.1993, the same had not seen the light of the day as the education trust had not taken any action for eviction of the petitioners from the land in question. The said Trust filed FIR in 2010 by virtue of the said tripartite agreement for taking action for demolition of the house of the petitioners and their eviction from the suit land forcibly. Therefore, the actions of the opposite parties are highly illegal, arbitrary, and unconstitutional and need interference of this Court. The suit land appertains to Hal Khata No.1, Hal Plot Nos.51 (p), 52 (p), 53(p), 62(p) and 64(p) of Unit No.5 in Sector -10 of the Rourkela Steel township measuring an area of Ac. 10.00 decimals. The Notification referred towas issued by the State Government in the Revenue Department under the provisions of the LA Act, 1948 for acquisition of the land of the petitioners and other lands for the purpose of establishment of Steel Plant and allied ancillary industries. Their further case is that under Article 244 of the Constitution of India, the provisions of the fifth schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in the State of Orissa which schedule provides the power of the Hon'ble Governor to report to the Hon'ble President regarding administration of scheduled areas and the applicability of any Central and State Act not apply to the scheduled areas. In other words the Hon'ble Governor is the custodian of the rights guaranteed to the scheduled tribe persons residing in scheduled areas in the district of Sundargarh, State of Orissa as per the scheduled area Notification issued by the Government of India, Ministry of Law, Justice and Company Affairs, Legislative Department dated 31.12.1977 republished in the Orissa Gazettee vide Notification dated 10.2.1978 under the Scheduled areas (States of Bihar, Gujarat, Madhya Pradesh and Orissa) Order, 1977. In the same Order under the State of Orissa, Sl. No.2 Sundargarh District is included within the scheduled areas under the said Notification. Therefore, the properties of the petitioners are required to be protected by the Hon'ble Governor by enacting Special laws. The Act 18 of 1948 provides for payment of compensation to the persons from whom land is acquired by the State Government. To help the displaced person, to resettle and rehabilitate themselves, the following assistance has been given and expenditure incurred are to be shared equally between Hindustan Steel Limited and the State Government:
"a) A Plot of land measuring 60' x 40' in the resettlement colonies free of cost for construction of houses by each family.

b) A subsidy to each family ranging from Rs.200/ - to Rs.400/ - for the construction of new houses.

c) Grant of cultivable waste land in lieu of acquired land free of cost of to a maximum of 33 per cent acres to each recorded tenant, and

d) Land reclamation subsidy of Rs.100/ - per acre to each family. This fact has been mentioned in the Orissa District Gazettee file Sundargarh."