JHARKHAND HIGH COURT ISSUES ORDER ON STEEL AUTHORITY OF INDIA V/S THE STATE OF JHARKHAND AND ORS

RANCHI, India, Sept. 12 -- Jharkhand High Court issued the following order on Aug. 12:

1. The affidavit, in terms of the order dated 07.08.2025 passed by this Court has been filed by the State by serving copy of the same upon the learned counsel appearing for the petitioner.

2. The said affidavit has been sought for by the Secretary, Mines and Geology Department, Government of Jharkhand, but the same has been filed by the District Mining Officer, Dhanbad, and is taken on record.

3. The writ petition has been filed under Article 226 of the Constitution of India seeking therein the following reliefs:- (i) For issuance of an appropriate writ(s) order(s) or direction(s) commanding upon respondent to produce the copy of order contained in letter no. 2036 dated 05.12.2023, wherein Four Member Committee was constituted after order passed by the Revisional Authority in Revision Application Nos. 105 of 2018 and 106 of 2018. (ii) Upon production of letter no. 2036 dated 05.12.2023, further issuance of writ/order/direction, in the nature of certiorari for quashing of order contained in letter no. 2036 dated 05.12.2023, wherein Four Member Committee was constituted after order passed by the Revisional Authority in Revision Application Nos. 105 of 2018 and 106 of 2018 (iii) For further issuance of writ/order/direction upon the respondents to produce the records under what authority of law/competence, the respondent had constituted a Four Member Committee to examine the quantum of compensation and its payment in pursuant to the order passed by the Hon'ble Supreme Court in W.P.(C) No. 114 of 2014, Common cause v. Union of India & Others. (iv) Further issuance of writ/order/direction upon the respondent to not to proceed with the matter on remand in compliance of the order passed by the Revisional Authority in Revision Application Nos. 105 of 2018. (v) For Issuance of any other appropriate writ(s), order(s) or direction(s) as may be deemed fit and proper and for doing conscionable justice to the petitioner.

4. Learned counsel appearing for the petitioner has submitted by questioning the part of the order passed by the Tribunal, as contended in order dated 07.08.2025 by this Court as impugned whereby and whereunder, five Members Committee has been constituted to look into the issue of the grant of excess land which has been leased out in favour of the writ petitioner and directed by the Tribunal being Adjudicatory Body, as carved out under Section 30 of the MMDR Act, 1957 who is having no jurisdiction to command the State to constitute such committee comprising of five Members.

5. Mr. Ratnesh Kumar, learned counsel appearing for the State has submitted by referring to the order dated 07.08.2025 passed by this Court that on the said date, the learned counsel appearing for the writ petitioner has been given an advice that since the State has come up with notification dated 06.05.2025 in the light of the provision as contained under Section 26(2) of the MMDR Act, 1957 conferring power upon the State functionaries, hence, it would be just and proper to recall the part of the order of the Tribunal dated 09.10.2025 by which direction has been passed for the constitution of five Members Committee. It has further been submitted that the affidavit dated 12.08.2025 has been filed in terms of the aforesaid order passed by this Court.

6. The Secretary, Mines and Geology Department, Government of Jharkhand is present before this Court while contesting with some other cases and on the basis of query being made by this Court.

7. The Secretary, Mines and Geology Department, Government of Jharkhand has submitted that since notification dated 06.05.2025 has been issued conferring power upon the State functionaries and as such, in terms of the interest of the State, the State is also aggrieved by the view taken by the learned counsel appearing for the writ petitioner.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqOicjJA%2BKLbbUhCYLNoh%2FUQ1d4GDhn62PoUHu9MViJEE&caseno=WPC/803/2024&cCode=1&cino=JHHC010053802024&state_code=7&appFlag=)

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