State Of Jharkhand & Ors vs M/S Cwe-Soma Consortium on 12 July, 2016
14. It is pertinent to mention here that the Hon'ble Supreme Court of India
in the case of State of Jharkhand & Others vs. M/S CWE-Soma Consortium
(supra), had the occasion to consider the provision of Section 41 (3) of the Right
to Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013 and it was conscious of the fact that there is no
autonomous district council in the State of Bihar or Jharkhand and it has in
interpreting the scope and the mandate of Section 41 (3) of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013, did not substitute the words 'Autonomous District
Council' with the words 'Tribes Advisory Council'. It is also pertinent to
mention here that the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013, the Parliament was
very much aware about the verbatim appearing in both the Fifth and Sixth
5 W.P.(C) No.5224 of 2018
(2025:JHHC:17957)
Schedule of the Constitution and also the statute, if any, where the words
'Autonomous District Council' has been appearing but still in its wisdom it did
not include the words 'Tribes Advisory Council' though there is a reference of
the word Fifth Schedule to the Constitution in Section 41 (3) of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013.