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2018 DIGILAW 16 (JHR)

Gumla Nagesia v. State of Jharkhand

2018-01-03

AMITAV K.GUPTA, D.N.PATEL

body2018
ORDER : 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 & 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 Risko 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 not 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. 4. It appears that for the land dispute, as narrated in this writ, no public interest litigation can be preferred. Those who are aggrieved parties, can come to this Court, either before this Court or looking to the nature of allegation, such parties can go before the learned trial Court. 5. Nothing has been mentioned in this petition that whose lands have been taken away by the respondent or grabbed by the respondent company. There are general and omnibus allegations that the company is doing something, which is wrong and in violation of the Chhotanagpur Tenancy Act. No specific allegation or no specific incident has been argued out by the counsel of petitioner. 6. Thus, we see no reason to treat this writ petition as Public Interest Litigation. The aggrieved parties can always approach this Court, hence, there is no substance in this Public Interest Litigation and the same is, hereby, dismissed with a cost of Rs. 5,000/-(Rupees five thousand). 6. Thus, we see no reason to treat this writ petition as Public Interest Litigation. The aggrieved parties can always approach this Court, hence, there is no substance in this Public Interest Litigation and the same is, hereby, dismissed with a cost of Rs. 5,000/-(Rupees five thousand). This amount will be deposited by these appellants before the Secretary, Department of Women and Child Development & Social Security, Government of Jharkhand towards the Juvenile Justice Fund. This amount shall be deposited in Bank A/c No.3734498462-5, Jharkhand Juvenile Justice Fund, State Bank of India, Project Bhawan, Hatia, either by cheque or bank draft, within a period of four weeks from today. The aforesaid amount will be used for the welfare of the juveniles under Juvenile Justice Act. 7. Copy of this order will be sent to the Secretary, Department of Women and Child Development & Social Security, Government of Jharkhand, and the Member Secretary, Jharkhand High Court Legal Services Authority, Ranchi. Petition dismissed.