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IN THE HIGH COURT OF JHARKHAND, AT RANCHI
(CIVIL WRIT JURISDICTION)
I.A. No. ----- /2012
IN
W.P. (PIL) No. 2347/2012
IN THE MATTER OF;
An interlocutory application
for
impleading
interveners
as
the
co-
petitioners for bringing on
record
certain
relevant
facts for just decision in
this case;
AND
IN THE MATTER OF;
Bar Association of Jharkhand………………………………Petitioner
Vs
State of Jharkhand and others………………………………Respondents
And
1.
Abhinav Prakash S/O Dr. Kailash Singh
2.
Abhishek Chaube S/O Shri Lalit Prakash Chaubey
3.
Aditi Singh D/O Shri Deepak Singh
4.
Ashish Abhijit S/O Shri N. N. Pandey
5.
Riddhi. M. D’souza D/O Dr. George D’souza
6.
Saurav Bhaumik S/O Shri R. K. Bhaumik
And
All are the Students of and residents of National University of
Study and Research in Law, Ranchi, BIT Polytecnic Campus,
Mesra, P.O- Mesra, P.S- Ormanjhi, District- Ranchi, Jharkhand.
Most respectfully sheweth:
1.
That by this interlocutory application, the intervener petitioners pray to
be impleaded as co-petitioners for bringing on record certain relevant
facts for the kind consideration of this Hon’ble Court so that complete
justice can be done in this instant case to all the parties concerned.
2.
That the intervener petitioners had not moved any such interlocutory
application for the self- same relief earlier made in this application for
impleading them as parties.
3.
That the intervener petitioners are citizens of India and are the
members of Center for Legal Aid Programme (hereinafter CLAP),
National University of Study and Research in Law, Ranchi
(hereinafter, NUSRL, Ranchi) an unregistered society, consisting of
bona-fide students and faculty members of NUSRL,Ranchi.
4.
That CLAP was established under the patronage of the Hon’ble Vice
Chancellor of NUSRL, Ranchi in February 2011 with an aim to serve
as an effective medium for voicing the concerns of the downtrodden
and the poor sections of society and to find a feasible solution to their
problems through the medium of law. That since its very inception,
CLAP had intermittently drafted proposals, offered meaningful
suggestions and has come up with alternative approaches of tackling
the constraints in the system. Moreover, it has acted as a pillar of
support for the common man who fails to get his grievances heard and
knock the doors of justice due to innumerable constraints.
5.
That it is most humbly submitted that CLAP has been playing a very
active role in the social domain and some of its past activities and
initiatives taken in this regard are provided hereunder for the kind
attention of this Hon’ble Court.
6.
That an informative interactive campaign named ‘SOOCHNA-11’ was
launched in a village named Panchauli (on the outskirts of BIT, Mesra,
Ranchi) on 1st June, 2011 stressing on the importance of issues related
to RTI, Land Disputes, Family Law and Criminal Law.
7.
That it also organized a series of informal talks with prominent
politicians of national repute under a programme named “Meet your
Lawmaker” which was attended by the politicians and the bureaucrats
of repute and aimed at showcasing the deeper misunderstood realities
of administrative and political set up.
8.
That CLAP invited participants from law colleges across the state of
Jharkhand to form an intra-state network of Legal Aid Societies within
Law Universities and Colleges of Jharkhand for developing a better coordination among them in reaching out to the people in dire need of
free quality legal services, at a seminar on “Scope of Legal Aid in
Jharkhand” organized by CLAP. That it is most respectfully submitted
that most recently CLAP has organized various Legal Aid camps in
Tenughat, Tamar and Giridih on 4th, 9th and 25th August, 2012
respectively.
9.
That it is most respectfully submitted that, the student body of
NUSRL, Ranchi in general and the members of CLAP in particular are
going to be substantially affected by the decision of this Hon’ble Court
in this ongoing public interest litigation, therefore, they most humbly
pray themselves to be impleaded as co-petitioners so that they can
bring on record their concerns with respect to the subject matter under
consideration before this Hon’ble Court.
10.
That the intervener petitioners most humbly submit that the details of
the problems being faced by NUSRL, Ranchi on the account of
inaction and lacklustre attitude of the concerned respondents has
properly been brought to the kind attention of this Hon’ble Court in the
main writ petition filed by the petitioner “Bar Association Jharkhand
High Court, Doranda, Ranchi”, therefore, for the sake of brevity the
intervener petitioners shall not be repeating those facts here in this
interlocutory application.
11.
That the intervener petitioners shall be confining this interlocutory
application to present their humble submissions in response to the
distortion of facts in a malicious and mischievous manner made in
various newspapers and media by certain vested interests and
politically motivated persons, as this Hon’ble Court itself noted in its
Order No. 5 passed in this Writ Petition (PIL) No. 2347 of 2012.
12.
That it is most humbly submitted that it appears that some fallacious
arguments are being presented before this Hon’ble Court with an
intention of misleading people against the proposed construction of
NUSRL, Ranchi campus on the ground that; these lands are fertile and
since the majority of the concerned villagers are illiterate, and their
sole occupation is cultivation, therefore, if their land is taken away
from them for the construction of the campus of NUSRL, Ranchi they
will have no means of livelihood left with them.
13.
That it is most humbly submitted that it is being falsely presented
before this Hon’ble Court that the past acquisition of land and its
subsequent allotment of land in question to NUSRL, Ranchi is against
the human rights of concerned villagers, arbitrary, malicious and
illegal exercise of power by the state.
14.
That it is most humbly submitted that the past acquisition of land in
question and the subsequent allotment thereof to NUSRL, Ranchi is
not violating the human rights of aggrieved parties and it is not an
arbitrary, malicious and illegal exercise of power by state. That it is
most humbly submitted that the state action of acquiring land and the
further allotment of land to NUSRL, Ranchi rather than being violative
of human rights of the affected villagers, is actually in the best interests
of the affected villagers.
15.
That it is further submitted that the past acquisition of land and the
further allotment of the land to NUSRL, Ranchi for the purpose of
establishment of NUSRL, Ranchi is a just and proper exercise of
power by the state authorities. That it is further submitted that it is the
bounden duty of the state to promote and establish institutions of
excellence for the wholesome development of the newly created state
of Jharkhand.
16.
That it is humbly submitted that the Hon’ble Vidhan Sabha of
Jharkhand felt the need for the establishment of a Law University “for
the purpose of advancement of cause of learning, teaching, and
research and dissemination of knowledge in the field of law, legal
capacity building of appropriate state and non-state institutions,
strengthening the system of delivery of legal services, specialization in
reasonably relevant techno development clusters of knowledge (like
mines and minerals, environment, IT, Biotechnology etc) and
contribution to public policy development in the use of law in
governance as also to cater to the needs of the society by the
development as also to cater the needs of the society by developing
professional skills of persons intending to take up advocacy, judicial
services, law officers/managers and legislative drafting as their
profession and matters incidental thereto,” and therefore passed an Act
(Act No. 4 of 2010) to establish National University of Study and
Research in Law, Ranchi.
17.
That it is most humbly submitted that in furtherance of the
establishment of NUSRL, Ranchi as envisaged by the Vidhan Sabha of
Jharkhand, the state
government allotted 63.76 acres of land to
NUSRL, Ranchi, the details and history of land allotment had been set
out in the main writ petition filed by the main petitioner and to avoid
unnecessary repetition, intervening petitioner humbly prays before this
Hon’ble Court that the relevant portions [Para ,1, 2, 4, 5, 6, 7, 8, 9,10,
12, 13 ,14, 15 ,17] shall be read as part and parcel of this interlocutory
application.
18.
That one of the major contention that is being made on behalf of the
concerned villagers through I.A.no.1558/2012, filed in this public
interest litigation had been that the concerned land is fertile and
majority of the affected villagers being illiterate, their sole occupation
is cultivation, therefore, if their land is taken away from them for the
construction of NUSRL, Ranchi, then they will not have any means of
livelihood left with them.
19.
That it is most humbly submitted before this Hon’ble Court that none
of the assertions made on behalf of the concerned villagers can stand
the test of an objective analysis of the material facts and data available
in the public domain.
20.
That the intervener petitioners respectfully submit that the scientific
reports available in public domain show that generally lands of
Jharkhand are not suitable for sufficient agricultural production and
more particularly the land in question cannot be regarded as fertile
land, that can provide even a rural household a decent standard of
living, cultivation being their sole source of livelihood.
21.
That the intervener petitioners most humbly submit, that the soil of
Jharkhand is not very fertile and productive, more essentially the land
in dispute is worse off when it comes to fertility and productivity.
22.
That it is humbly submitted before this Hon’ble Court that, Ranchi
district consists of tabular landmass and it has flat surface with isolated
hillocks known as Tongri Hills lying on the west having elevation
above 800 meters and those lying in east having elevation less than 75
meters. That the average elevation of the district is 650 meters but
western portion is relatively higher than the eastern part.
23.
That it is humbly submitted that depending upon topography, soil is
broadly classified into upland, medium land and lowland. That the
brief description of upland, medium land and lowland is as given
below;

Upland: Upland soils are generally red, acidic (pH 5.5-5.9) and
have poor water holding capacity (WHC). Moisture is easily
saturated during rains but release of moisture is very fast in the
upland. It is suitable for Kharif pulses (pigeon pea, urd, moong &
kurthi).

Medium land: Medium land soil is generally yellowish, slightly
acidic (pH 6.0-6.5) and has intermediate water holding capacity. It is
suitable for Rabi pulses (chickpea, lentil & pea) and in sequential
cropping system, rice-chickpea/lentil; maize-chickpea/lentil may be
produced, but in intercropping system, under irrigated situation, wheat,
chickpea/mustard, chickpea/lentil can be produced.

Low land: This type of soil is grayish, slightly alkaline (pH 7.0-
7.3) and has high water holding capacity. That the Low land may be
utilized for spring/summer cultivation. Low land is generally vacated
after harvesting of transplanted paddy in 2nd week of December to 2nd
week of January and it takes time for removal of moisture.
24.
That it is most humbly submitted that the land can further be classified
into two sub categories:
GROUP
SUB-GROUP
TYPE
DESCRIPTION
Don Land
Don I
Low Land
Clay-loam soil, lowest in
toposequence, suitable for
long duration rice crop
Don II
Shallow Land
Clay loam soil and best for
rice production, rarely faces
drought, suitable for medium
duration rice
Don III
Drought prone Clay loam soil, transitional
shallow land
lands between Don & Tanr,
upper
toposequence
and
suitable for short duration rice
Tanr land
Tanr I
Upland
Loam
soil
and
land
immediately adjacent to the
houses.
Land
used
for
vegetables, maize and rice
seedlings
Tanr II
Upland
Sandy loam soil, gentle slopy,
good soil depth, low WHC,
poor
erosion
in
organic
prone,
matter,
acidic
in
nature
Tanr III
Upland
Sandy loam soil, slopy, poor
soil fertility, shallow soil
depth,
low
WHC,
Near
foothills and acidic in nature
25.
That it is most humbly submitted that, soil fertility is an aspect of the
soil-plant relationship. That it is respectfully submitted that fertility
status of the soil is primarily and importantly dependent upon both the
macro and micronutrient reserve of that soil i.e. the nature of
vegetation, climate, topography, texture of soil and decomposition rate
of organic matter. That it is humbly submitted that the optimum
productivity of any cropping system depends on the adequate supply of
plant nutrients.
26.
That it is further submitted that, the majority of land in the District of
Ranchi is covered with sandy loam with acidic soil (pH 4.5–6.5) and
having low fertility. That the soil pH ranges from 4.2 to 7.6. That the
majority of the area is acidic (96.4 % of Thermogravimetric analysis)
in reaction. That the soil of 1.2% area of the district is neutral, whereas
0.2% of the area is slightly alkaline in reaction.
27.
That the organic carbon content in the district ranges from 0.14 to
3.76%. That the 43.8% of the areas in the district have high organic
carbon content. That the medium and low organic carbon content
constitutes 28.7% and 25.3% of the area respectively. That the
available nitrogen content in the surface soil of the district ranges
between 109 and 638 kilogram/hectare [hereinafter Kg/ha]. That the
majority soil (67.2 % of TGA) of the district have medium availability
of nitrogen (280-560 kg/ha) whereas soil of 26.1% area have low
available nitrogen content (<280 kg/ha). That the phosphorus content
in this soil ranges between 0.5 and 26.6 kg/ha. That the majority of the
soil is medium (56.2 % of TGA) in available phosphorous content.
That the soil of 40.1% of the area is low and 1.5% of the area is high in
available phosphorous content. That available potassium content in this
soil ranges between 49 and 941 kg/ha. That the majority of the soil
(57.1 % of TGA) have medium available potassium content (108-280
kg/ha). That the soil of 27.7% of the area are high (above 280 kg ha-1)
and 13.0% of the area are low (below 108) in available potassium
content. That it is most humbly submitted that the available sulphur
content in the soil ranges from 0.6 to 72.1 mg/kg. That soil of 36.7% of
the area is low in available sulphur, whereas soil of 30.5% and 30.6%
of the area are medium and high in available sulphur content
respectively. That the soil is sufficient in available iron and manganese
whereas soil of 4.1% and 5.6% area are deficient in available zinc and
copper respectively. That available boron content in the soil ranges
between 0.02 and 3.52 mg/kg and 42.8% area of district is deficient
(<0.50 mg kg-1). That the water holding capacity of the soil is very
low due to porous nature of the soil and undulating topography.
28.
Therefore it is most humbly submitted that it implies that the land of
Ranchi district has very low fertility and cannot be termed as fertile
land.
A photo copy of the research on soil
analysis of district of Ranchi
undertaken by the National Bureau
of Soil Survey and Land Use
Planning (ICAR) Regional Centre,
Kolkata
in
collaboration
with
Department of Soil Science &
Agricultural Chemistry, B. A. U,
Ranchi, Jharkhand, sponsored by
Department of Agriculture and
Cane
Development,
Jharkhand
is
being
Govt.
of
herewith
annexed and marked as
Annexure-1
29.That it is humbly submitted that the state of Jharkhand has 24 districts
and total geographical area is 79.71 lakh hectares and an estimated 38
lakh hectares has been classified as cultivable. That about 18 lakh
hectare is the net sown area, comprising 22.7% of the total area and
47% of the cultivable area. That the state has 9.9%, 7.2%, 3.48% and
15.22% of the total geographical area of the State as land put to nonagriculture use, barren & unutilized land, cultivable wasteland and
current fallows, respectively. That the State has 23.33 lakhs hectares of
land under forest cover, comprising 29.27% of the total geographical
area, which is much above the national average of about 18%. The net
irrigated area is only 2.01 lakh hectares which is about 8% of the net
sown area. The average area of holding in Jharkhand is 1.58 hectares
and it was slightly higher than all-India average of 1.57 hectares and
the land surface is rugged and undulating, ranging from flat lands to
almost steep slopes. The state produces a little less than half of its food
grains requirements. As a result, per capita food grain availability has
been 230g against 523g of all-India average and against 480g of
minimum requirement. That additional annual production of 24-25
lakh tonnes will be an uphill task in a scenario where land holdings are
small and continuously shrinking and pressure on land keeps
increasing.
A photo copy of report on
Land Utilization Pattern
in
Jharkhand,
as
mentioned in the report of
B. N. Singh, Director of
Research, B.A.U, Ranchi
is herewith annexed and
marked as Annexure-2
30.
That it is most humbly submitted that because of the ongoing strike of
land revenue staff and circle inspectors of state of Jharkhand, the
intervener petitioners could not themselves procure the copies of the
Khatian of the land in question, however the intervener petitioners had
the opportunity to peruse the khatian filed in IA No. 1558/2012 in this
writ petition.
The photocopy of the khatians of
the intervener petitioners filed as
annexure-
in
the
interlocutory
petition no.1558/2012 is herewith
annexed and marked as
Annexure-3
31.
That careful reading of the khatians undisputedly reveals that majority
of the land in question which has been allotted to NUSRL, Ranchi is of
type ‘Tanr-II’, which is a Upland Sandy loam soil (generally red in
colour), with a characteristics of gentle slopy, good soil depth, low
water holding capacity (WHC), poor in organic matter, erosion prone,
acidic in nature (pH 4.5–6.5), having low fertility and under no
circumstances it can be termed as a fertile cultivable land.
A photo copy of the detailed
report of land allotted to
NUSRL, Ranchi is being
herewith
annexed
and
marked as Annexure-4
32.
That it is humbly contended before this Hon’ble Court that the state of
Jharkhand comes under Agro-Climatic Zone VII (Eastern Plateau and
Hill Region). The whole State is divided in 3 sub zones, viz. sub zone
IV (Central and North-Eastern Plateau), sub zone V (Western Plateau
Region) and sub zone VI (South Eastern Plateau). The sub zone IV
consists of 12 districts i.e. Dumka, Jamtara, Deoghar, Godda,
Sahebganj, Pakur, Hazaribagh, Koderma, Chatara, Giridih, Bokaro and
Dhanbad, sub zones V has 9 districts i.e. Ranchi, Gumla, Simdega,
Lohardaga, Palamau, Garhwa, Latehar, Khunti and Ramgarh while sub
zone VI consists only 3 districts, West Singhbhum, East Singhbhum
and Saraikela districts. There are three main crop seasons namely
Kharif, Rabi and Summer.
33.
That it is further submitted that Kanke block comes under Ranchi
district which is in sub zone V. That according to the survey of the
Directorate of Rice Research, the total yield of rice in this zone was
2830 kg/ha in the year 2008-09 which was a year of good monsoon
and thus of good yield. That it is humbly submitted that the
productivity of the land in question may deteriorate substantially in a
year of bad monsoon as the irrigation as well as power infrastructure in
the land in question is very rudimentary. The small size of land
holdings due to fragmentation also mean that scientific means of
production can hardly be employed.
34.
This implies that each family will have only 1217 kg of Dhan per
annum, which is certainly insufficient to meet the need of grain
production for any rural household.
A photo copy of the
Research Report by the
Director of Research,
B.A.U,
Ranchi
on
production of rice in
District Ranchi on the
basis of which given
calculation is done is
being annexed herewith
&
marked
as
Annexure-5
35.
That it is humbly submitted that the pattern of subsistence is reflected
in the demographic trend because out of 1,026,488 (total population) of
Kanke block only 23,121 people are cultivators, rest of the people are
working as either manual labour in some construction projects or in
household or as a marginal worker. Therefore, it is evident from the
above data that agriculture is not and cannot be the sole occupation of
the people of Nagri village which comes under Kanke block.
36.
It is further submitted that due to endemic impoverishment in Kanke
block, a number of policies are being undertaken by the Government
like MNREGA, PDS etc. which has improved the living conditions of
the villagers in some measure. Educational programmes run by the
government have resulted in a high literacy rate of 80.2% in the block.
That it becomes imperative to submit that the establishment of reputed
and renowned institutes in the locality will provide an impetus towards
socio economic growth of the region. However, the possibility of long
term benefits accruing to the people of the area after the establishment
of NUSRL, Ranchi is being undermined by certain vested interests that
have myopic selfish object. Since Nagri village is not very far from
Ranchi city, the life style of the villagers is influenced by the urban
way of living, and it has also affected the new generation so much so
that their cost of living has increased to a great extent and in order to
meet that expense, they have resorted to short-cuts. It is this young and
impressionable generation which is lead astray by the aforesaid vested
interests.
A
photo
copy
of
Jharkhand Government’s
official data about Kanke
block is herewith annexed
and marked as
Annexure-6
37.
That it is being contended on behalf of concerned villagers that
because some of affected villagers have not actually taken the
compensation amount awarded by the authorities in lieu of acquisition
of their land, therefore, the land acquisition is bad in the eyes of law.
However, it is pertinent to mention here that current land acquisition
was done more than 50 years back and as so judiciously noted by this
Hon’ble Court that none of the agitating aggrieved parties were even
born at the time of acquisition so as to why the compensation amount
was not collected by those original rayyats could only be a matter of
conjecture. Additionally, it is most humbly submitted before this
Hon’ble Court, that it is an established law of the land as provided for
in the Land Acquisition Act 1894 (hereinafter the Act), that “if the
compensation awarded to the concerned persons from whom the land
had been acquired for, is not accepted by them, the money would
directly be deposited by the Collector in the Court”. This was affirmed
in the case of Tamil Nadu Housing Board vs. A. Viswam (Dead)By Lrs
1996 SCALE (2) 418, which dealt with the non acceptance of
compensation of the land acquired. In this matter, the Hon’ble
Supreme Court of India held that in case no one accepted the
compensation which he is entitled to, by virtue of Section 30 of the
Act, then the money thereafter is to be deposited in the concerned
Court. More importantly, the Hon’ble Court further held that; in such a
case, the possession would be taken and thereafter the land stands
vested in the State Government under Section 16 of the Act, free from
all encumbrances. Hence, the acquisition becomes complete and the
title of the land is legally assumed by the Government.
38.
That it is humbly submitted before this Honorable Court, that as
per the law no further interest is to be paid once the compensation
amount is deposited in the court, however, this Hon’ble Court in a writ
petition [Writ Petition No. 2356 of 2009] filed by concerned raiyat
took a very liberal and kind approach on this issue and allowed the
raiyats to receive compensation amount with interest @ 15% which
accumulates up to a substantially large amount considering the fact
that money had been deposited with the state treasury for than 50
years. It is most humbly brought to the notice of this Hon’ble Court
that in the said petition, the validity of the acquisition was never
challenged. It is most respectfully submitted that now the
compensation awarded per acre of land rests at Rs 20 lakh. It is
important to bring to the kind attention of this Hon’ble Court that the
land in question is Bakhast Bhumihari land which cannot be sold in
free market to any one that they want to.
A photo copy of news
paper report published in
Prabhat Khabar dated
26th August 2012 giving
details of the current
amount of compensation
is
being
herewith
annexed and is marked as
Annexure No. 7
39.
That it is most humbly submitted before this Hon’ble Court that there
is no express bar on the government acquiring the agricultural land for
public purposes, provided the appropriate procedure is followed during
the acquisition.
40.
In the present case the land in dispute is not a highly productive
agricultural land and can be cultivated only during the rainy reason
vide Order No.3 of this Hon’ble Court in W.P.(PIL)No.2347 of 2012
dated 16th May 2012. Moreover, it is not the sole source of income for
their families as submitted in the preceding paragraphs of this
interlocutory application.
41.
That it is most respectfully submitted that the courts have only
nullified those acquisitions wherein the statutory procedure and the
principles of natural justice have been grossly violated by the
concerned authorities. However, it is most humbly submitted that so
far acquisition of Nagri land is concerned the procedure had been
religiously followed.
42.
That the intervener petitioners most humbly submit, even at the cost of
repetition, that adequate compensation had already been awarded at the
time of acquisition which was never challenged by any of the raiyats
living at the time of acquisition. That it is further submitted that with
the lapse of time as the Hon’ble High Court had kindly noted that now
the amount of compensation has accumulated to a large sum of money
as mentioned in para 38 of this interlocutory application.
43.
That the intervening petitioners most humbly submit, that in the
present case all the statutory provisions with respect to the land
acquisition have been religiously followed. Moreover, it is humbly
submitted that the Hon’ble Supreme Court has opined in Raja Anand
Brahma Shah v. State of Uttar Pradesh (AIR 1967 SC 1081) that once
Section 17(4) of the Act is invoked then Section 5A shall not be
applicable.
44.
That it is most humbly submitted that after being carved out from the
state of Bihar, Jharkhand came into existence in Nov 15, 2000. That
the creation of this state is the culmination of more than half a century
of aspirations and struggle of the tribal people, who had witnessed the
ingress of outsiders in their land, economy and their social system. It
becomes imperative to mention that the prosperity of any state depends
upon its institutions and the opportunities provided by these
institutions to the people of the state. That the ability of the people to
make the best use of such opportunities is undoubtedly high, but they
can be improved considerably if the large masses are well educated
and healthy. That though the state of Jharkhand is rich in minerals, it is
economically as well as educationally poor. Additionally it is to be
most humbly submitted that the state lags far behind in terms of
institutes of higher learning that can build capacity in local people to
exploit the natural wealth and richness so abundantly available within
the confines of state.
45.
It is most pertinent to mention that eastern India used to be a hub of
education and research in ancient times. Since the very onset of
cultured civilized society, this region played a very significant role in
making people educated and research oriented despite of the fact that
the other societies across the country did not prioritize education. That
until before Independence, this region had been a cynosure of
education and research. People used to come and study in Universities
of Bihar, West Bengal. However, with the passage of time, these states
started lagging behind, not only in education but almost in all the
sectors of the economy.
46.
That it is most humbly submitted that low level of education and lack
of employment opportunities in Jharkhand has resulted in exodus of
tribal People to other states. This has created an alarming situation
for the tribal communities in the State as they continue to perish on
account of limited educational opportunities. Jharkhand is known as a
home for 32 notified tribes, of which 9 are, notified primitive Tribes.
According to 2001 Census Report these constitute 26.3% of the total
population of the State. It is also pertinent to mention that percentage
of poverty among tribal in Jharkhand is 60% whereas literacy rate
among them is only 40.7%. In spite of constitutional safeguards, tribal
people still continue to be socially and economically backward. Lack
of education becomes their biggest impediment in their desire of
working in an organized sector. As a result of which they migrate to
other neighbour states in search of job opportunities where they easily
get jobs as domestic helpers or sustain their livelihood by doing other
menial work. Despite the exploitative nature of the salary earned by
them, they remain silent in absence of other alternative source of
income. Only with spread of education and generation of employment
opportunities inside the state, this problem of migration will start
receding. Socio economic empowerment of tribal people is the need of
the hour to protect the identity of this community in the state.
47.
That it is most respectfully submitted that the overall literacy rate
among the STs has increased from 27.5 per cent at 1991 census to 40.7
per cent at 2001 census. Among the total tribal literates, 33.6 per cent
are either without any educational level or have attained education
below primary level. The proportions of literates who have attained
education up to primary level and middle level are 28.6 per cent &
17.7 per cent respectively. Persons educated up to Matriculation /
Secondary / Higher secondary constitute 16.5 percent. This implies
that every 6th tribal literate is a matriculate.
48.
That it is most humbly submitted that it is starkling to submit that the
total number of Graduates and above are only 3.5 per cent while nontechnical & technical diploma holders constitute a negligible 0.1 per
cent only. The data also shows that the proportion of tribal literates
decline sharply in higher level of education as the percentage of
students after matriculation drops down to almost one third in higher
secondary level. Therefore, it is submitted that this being the scenario,
there arises an obligation on the part of the government to assure that
their share in higher studies goes upwards. If this is not done, the
dream of inclusive growth as envisioned by our forefathers will remain
meaningless. There thus, arises a legitimate reasonable expectation on
the part of the people towards the government and the government
must ensure that it does not shirk its responsibility.
A photo copy of the
census
statistics
about
levels of education among
the major scheduled tribes
is being herewith annexed
and marked as Annexure8
49.
It is humbly submitted that, the establishment of NUSRL in Nagri
village will not only develop the infrastructure of the nearby areas, but
also provide employment opportunities to the local population. It is
humbly submitted that the local population may acquire Grade III and
Grade IV posts in the University, which will improve their standard of
living substantially. It is humbly submitted that due to the increase in
standard of living due to availability of better employment
opportunities, there might be a possibility of the local children being
future students in the University due to the 50% reservation for
Jharkhand domicile holders. Thus, it is humbly submitted that the
establishment of the University will furnish all round progress for the
surrounding community, promoting adequate growth and development.
50.
It is further submitted that due to non-availability of its own campus
the cost of running the university is going very high. A detailed
expenditure of amount already being spent and continuous cost of
running this university is presented below for the kind consideration
this Hon’ble Court The detail of expenditure over construction of
boundary wall at site (Nagri) and rentals paid is as under:-
1) Against the Estimated Cost for the Construction of Boundary of the
Main Campus a total amount of Rs. 2.36 crores, our contractor M/s
CPWD has so far submitted a Bill for Rs. 2.25 crores.
However, Rs. 1.5 crores has already been paid and Rs.75 lacks is yet to
be paid by us to CPWD for which CPWD has already furnished the
Bill and University is in the process to pay the same.
2) Rent details
S.No. Particulars
Period
Rent
Remarks
Amount
1
Academic Building and Dec’ 2010 to 23,46,312.00 Yet to be paid
Mess Building at BIT June 2012
(From July 2012 to
Mesra
till Date Bill has
not
yet
Received)
2
Boys
(Niwaranpur)
3
Hostel June’2011
(Sahara Vihar)
Paid
Nov’ 2011
Boys Hostel and Girls Nov’2011
Hostel
to 7,55,000.00
Till Date
to 22,00,000.00 Paid
been
4
University Guest House
Nov’2010
to 95,000.00
Paid
to 80,000.00
Paid
April 2011
Hon’ble V.C Residence Nov’2010
5
at Ashok Nagar
April 2011
Hon’ble V.C Residence April 2011 to 2,08,880.00
6
7
at Dipatoli
till Date
Girls Hostel at BSNL
June’2011
Paid
to 7,00,000.00
Paid
to 2,52,000.00
Paid
Nov’ 2011
Girls Hostel at Gautam Dec’2010
8
Green City
9
Boys
KhelGaon
TOTAL
Hostel
Aug’ 2011
at May 2012 to 9,20,000.00
Yet to be paid
till date
75,57,192.00
Notes:
(A) Since the Hostel is situated at a considerable distance from the Academic
Campus, the University has purchased Two Buses for plying Students to and
fro from University to Hostel. This too has considerable expenditure in terms
of upkeep of (i) Staff for Bus (ii) Fuel Expenditure (iii) Vehicle Maintenance.
(B) The University is in the process of purchasing the third Bus as presently Two
Busses are insufficient and causing tremendous inconvenience. Therefore, the
costs as mentioned in (A) above are going to rise further.
(C) Mess is also being run at three different places i.e. in Boys and Girls Hostel
and then in the Academic Bloc, accordingly the Cost of Mess Expenditure
which is being incurred by Students is also high and difficult to manage.
(D) Scattered infrastructure in absence of University’s own campus has not only
been creating inconvenience of different sort but is also a tremendously costly
affair in terms of maintenance and more number of staff for its upkeep and
maintenance.
A photo copy of details
of
expenditure
NUSRL,Ranchi
of
is
herewith
annexed
and
marked as Annexure- 9
51.
That, it is humbly submitted that NUSRL is providing its students the
best academic experience. That the students are not lagging behind the
other prestigious law school so far the academic inputs are concerned.
However this is being achieved at a very high emotional and physical
cost. It is humbly submitted that being a residential college the students
are expected to stay close to the academic centre in order to avail
facilities to their best, however this is not being achieved and also the
hostels are being continuously changed with the passage of each
semester. It is humbly submitted that in the short span of two and a
half years hostels have been shifted from Gautam Green City to BSNL
Colony and finally now to Sahara Vihar for the girls and from BIT
Polytechnic Campus to Nivaranpur to finally at Khelgaon for the boys.
It is humbly submitted that due to the distance between the academic
block and the hostel, heavy expenditure is being incurred by the
University as mentioned in preceding paragraph and additionally it is
also causing a lot of mental stress to the students. It is humbly
submitted that, since the girls need to be back to their hostels by 6p.m
due to safety reasons, no co-curricular and extracurricular activities can
usually be conducted that is hampering the overall development of
students of NUSRL.
It is therefore, prayed that, your lordship
may graciously be pleased to allow this
interlocutory application and further be
pleased for impleading them as
co
petitioners for bringing on record certain
relevant facts for the kind consideration of
this Hon’ble Court so that an appropriate
order can be passed so that complete
justice be done in the instant case to all the
parties concerned.
AND/ OR
For
any
other
relief(s)
as
Lordships may deem fit & proper.
Your