Jamshedpur: The proposed Jagannath Temple project at Kadma Marine Drive has hit a legal roadblock. Members of the Kurmi community have alleged that the state government illegally allotted land protected under the Chhotanagpur Tenancy (CNT) Act to a private trust.
Allegations of Illegal Lease Settlement
Harmohan Mahato, convener of the Jharkhand Mulvasi Adhikar Manch, has formally petitioned Chief Minister Hemant Soren to cancel the lease. The dispute centres on approximately 2.5 acres of land granted to the Shri Jagannath Spiritual and Cultural Charitable Centre Trust by the Revenue, Registration, and Land Reforms Department for a nominal fee of Re 1.
Mahato argues that the allotment violates the fundamental protections of the CNT Act. According to him:
- Historical Ownership: Original landowners from the Kurmi community hold khatiyan records dating back to 1908 and 1937.
- Legal Bar: Since the land falls under the CNT Act, the state cannot legally transfer it to a trust unless the recorded raiyats (landowners) are part of that trust.
The Tata Lease Connection
The controversy also involves a complex history of land acquisition. Mahato claims the plot remained under a Tata lease between 1985 and 1995. However, when the government excluded the land from the lease renewal in 2005, it should have returned to the original owners.
“The state neither returned the land to the original raiyats nor paid any compensation. Granting a lease to a third party under these circumstances violates established land acquisition laws,” Mahato stated.
Next Steps: Moving the Court
Representing the Tata Displaced Agitators’ Forum, Mahato announced that the community will soon move the court to seek a stay on the construction. The agitators demand that the government uphold the rights of the indigenous settlers before proceeding with any religious or cultural projects on the site.
Understanding the Legal Context: The CNT Act
The Chhotanagpur Tenancy Act (1908) is a landmark legislation in Jharkhand designed to protect the land rights of tribal and certain other communities (including those listed in the Act) by restricting the transfer of land to non-members of those communities.
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