Ranchi/Jamshedpur, December 22: The government assured MLA Saryu Rai in the Legislative Assembly that it would consider the constitutionality of clause 8 of the Tata Lease Renewal Agreement-2005.
The Jharkhand Assembly while hearing the personal resolution of Jamshedpur East MLA Saryu Rai on Wednesday which stated that Clause-8 of the Tata Lease Renewal Agreement in 2005 between the Government of Jharkhand and Tata Steel is unconstitutional. This clause is contrary to the provision of Section 7D of the Bihar Land Reforms Act, 1950 and requested the assembly to instruct the government to repeal it.
On the instructions of the Speaker of the Legislative Assembly, the Parliamentary Affairs Minister Alamgir Alam said that the government will take legal advice on this and decide whether this section is constitutional or not and then take action on its basis.
In the written reply given earlier, the government had said that the government gets money by subletting the vacant land under clause-8. This decision has got the approval of the cabinet. Therefore the government cannot repeal it.
To which Saryu Rai argued that the government cannot do illegal and unconstitutional work to get revenue. Had revenue receipt been the priority, the government would have accepted the advice of the Devashish Gupta Committee and auctioned the sublease.
He said that the government should first tell whether this clause-8 of the lease renewal agreement-2005 is constitutional or not? According to the Bihar Land Reforms Act-1950, the company can use the vacant land with the permission of the government only for production and not for earning money by giving commercial lease.
Rai suggested that the government should form a committee of persons knowledgeable in the revenue laws and consult on the facts given in my resolution whether the provisions of clause-8 are legal and constitutional. The government agreed that a decision on it at the earliest. On this assurance of the government.