HC prod to Bihar over Prakash land

Patna, May 23: Patna High Court has asked the government to explain the “basis” on which it allotted plots to filmmaker Prakash Jha to set up business establishments in the state.
A division bench of Chief Justice R.M. Lodha and Justice C.K. Prasad today asked the Bihar Industrial Area Land Development Authority to file an affidavit detailing the basis and provision that were applied for the allotment.
The court issued the order while hearing a PIL petition filed by Congress leader Premchand Mishra.
The Supreme Court had set aside a December order issued by the Patna High Court cancelling Jha’s land allotment in the state.
The apex court had asked the high court to “adjudicate” the matter afresh and reach a decision on the legality of the allotment within four months. Thus, Patna High Court is in the process of re-adjudicating its scrapped order.
The PIL had alleged that the government had allotted prime land to Jha in Patna, Hajipur, Muzaffarpur, Sitamarchi and other towns at a “throw away price”. The PIL claimed that the authority allotted land to Jha at a rate that was seven per cent lower than the market price.
Jha has been allotted 12 acres altogether.
However, government officials tried to clear the air stating that the development authority had allotted the land to facilitate multiplexes, standard hospitals and shopping malls to ensure quality life in cities and towns and employment to local youths.
Many described the high court’s December 19, 2006, order cancelling the allotment a “retrograde” step impeding the advancement and modernisation of the cities and towns. The high court, however, has allowed Jha to re-apply for the plots if he wishes to pursue his business plans, while clarifying that his land allotment was not done maintaining protocol.
The Congress leader’s PIL had also alleged that the BIADA had allotted land to Jha without inviting any tender. Mishra has also claimed that the authorities easily allotted lands to the filmmaker because Jha is “close” to chief minister Nitish Kumar.
With the Patna High Court today’s order, fresh hope has emerged for the enterprising filmmaker to apply for a fresh court order and begin his business ventures.
Officials, too, have admitted that there might have been technical errors in executing the process of the allotment of land that would be rectified in their court affidavit. “But there is no political or personal considerations involved in the allotment,” explained a senior official.
NALIN VERMA
Saturday , May 24 , 2008
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