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“Trivial Non Dispute” between Bihar and Jharkhand is likely to come to an end, SC’s order to settle the Bihar Niwas matter quickly

Team SoOLEGAL 31 Jul 2017 1:35pm

“Trivial Non Dispute” between Bihar and Jharkhand is likely to come to an end, SC’s order to settle the Bihar Niwas matter quickly

In order to shutdown the 13 years old fight between two feuding States Bihar and Jharkhand, the Supreme Court Bench headed by Justice Madan B. Lokur and Deepak Gupta, on July 28, gave another opportunity  to settle their disputes over sharing one of the Bihar Government’s Guest house, Bihar Niwas, in the Chanakyapuri  Area of New Delhi.

In the spite of all efforts made by Home Ministry, it seems that the negotiations are still going on. The bench requested the Chief Secretaries of both States to come to Delhi on August 21, to have a bilateral discussion with the Secretary in the Ministry of Home Affairs and The Secretary in the Ministry of Urban Development, in order to resolve the issue. 

In case, the negotiation fails to provide a solution to this issue, the bench will continue hearing the case on August 22, and ordered that both the Chief Secretaries to be presented in the court.

Reports propose that Union Home Ministry persuaded Jharkhand to give up the Bihar Niwas and acknowledge compensation in its place. The amount of compensation to be paid by Bihar to Jharkhand will be determined by Union Urban Development Ministry. Bihar, if the reports to be believed, agreed to pay the compensation settled by the home ministry.

Under the Bihar Reorganization Act, 2000, one-third of the Bihar’s assets were falled into the hands of Jharkhand, following the partition of State. Jharkhand claimed at least one-third rooms from Bihar Niwas (32 rooms) and Bihar Bhawan (64 rooms), both in Capital. The Bihar Government challenged this claim by stating that Jharkhand already have two possessions in Delhi, Jharkhand Bhawan in Vasant Kunj and an empty plot close to Connaught Place. Jharkhand, however, found the houses didn’t have sufficient room and pressed their claim on Bihar Niwas.

On October 31, 2001, the Bihar Niwas was officially transferred to Jharkhand by UPA Government in the light of Section 60 of the Bihar Reorganization Act, 2000. In 2004, Bihar moved the Supreme Court, by filing the original Suit no. 2.

On August 5 Last year, ASG Patiawala expressed that he would take the initiatives to bring the Chief Secretaries of both States to negotiation table and try to settle the dispute harmoniously. On October 28, Last year, the bench of Justice Lokur and Adarsh Kumar Goel, expressed their grief on the failure of the negotiation, even after the three opportunities given to them by ASG, Patiawala.

Later, on March 20 last year, both the judges requested the State Secretaries to have multiple meeting if needed but, resolve this matter as quickly as possible. It appears that Union of India has come to a proposal which was accepted by Jharkhand and Bihar’s counter proposal is still on the assessment.

On May 8, the bench stated that the matter has been entangled between proposals for quite too long, but a final decision should be taken positively before the next date of hearing. 

Read the Order Here:

Supreme Court   Bihar Niwas  

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