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PATNA HIGH COURT
P.K.Deb, J.
Dineshwar Prasad
Versus
Union Of India, Through Chief Of Revenue, Central Coalfields
Appeal From Appellate Decree No. 12 of 1989 ;
Decided On : SEPTEMBER 24, 1998
COAL BEARING AREAS (ACQUISITION & DEVELOPMENT) ACT, 1957 - SECTIONS 4(1), 9, 14(2) - LAND ACQUISITION - COMPENSATION - CLASSIFICATION AND VALUATION OF LAND - SOLATIUM AND INTEREST.
Fact of the Case:
The Central Government acquired 7.61 acres of land belonging to the original claimant Jitan Lal under the Coal Bearing Areas (Acquisition & Development) Act, 1957. The claimants challenged the classification and valuation of the land, claiming that it was not done correctly and that they were entitled to higher compensation.
Finding of the Court:
The Tribunal found that the classification of the land was not done correctly and that the market value of the land was not properly determined. The Tribunal fixed the market price of both classes of land at the rate of Rs. 12,700.00 per acre, which was the rate determined by the respondent.
Issues: 1. Whether the classification made by the Central Government for determining the compensation of the lands is correct? 2. What should be the market value of the lands on the date of notification under Sec. 4(1) of the Act? 3. What should be the market value of the above said four Sakhua trees?
Ratio Decidendi: The court held that the classification of the land was not done correctly and that the market value of the land was not properly determined. The court relied on previous judgments of the same court, which had held that the market value of land acquired under the Coal Bearing Act should be fixed at a flat rate of Rs. 500.00 per decimal.
Final Decision: The court allowed the appeal in part and modified the market value of the acquired land at the rate of Rs. 500.00 per decimal, including solatium and interest on enhanced fixation at the rate granted by the court below. The court directed the respondent to pay the balance amount to the claimant as early as possible.
P.K.Deb, J.
1. This appeal has been preferred against the judgment and award dated 6-8-1988 passed by Shri Bishwanath Prasad, Tribunal constituted under Sec. 14(2) of the Coal Bearing Areas (Acquisition & Development) Act, 1957, in Reference Case No, 1 of 1987.
2. An area of 7.61 acres of land appertaining to Khata Nos. 1, 3 and 4 together with four Sakhua trees belonging to the original claimant Jitan Lal S/o Ganpat Lal of Village Dania, Police Station Gomia in the district of Giridih were acquired by the Central Government and after acquisition determined the valuation of the different kinds of lands on the following rates:
Tand I & Paddy I: At the rate of Rs. 12,700.00 per acre.
Paddy II : At the rate of Rs. 7.940.00 per acre
Paddy III : At the rate of Rs. 6.350.00 per acre
Tanr II : At the rate of Rs. 3,175.00 per acre
Tanr III : At the rate of Rs. 1.588.00 per acre.
Parti Kadim : At the rate of Rs. 1.059.00 per acre.
3. Besides the above valuation, the Central Government has also fixed Rs. 20.00 as a valuation of one Sakhua tree and offered the valuation of different kinds of lands and the above said four Sakhua trees to Jitan Lal who received compensation as assessed on protest and filed a petition for referring the compensation matter to the tribunal. In the meantime, Jitan Lal died and in his place, the appellant i.e. his widow Smt. Malti Devi alias Shakuntala Devi and son Dineshwar Prasad have been substituted. According to the claimants, 7.61 acres of land appertaining to Plot Nos. 510, 52.1, 523, 524 and 527 under Khata No. 1 and Plot No. 543 in Khata No. 2 and plot Nos. 414, 415, 454 and 455 of Khata No. 4 have been acquired by the Central Government as per the provisions of the Coal Bearing Areas (Acquisition & Development) Act, 1957 (the Act) but the classification of the lands have not been correctly done and such classification had been based upon the entries made in the survey record of rights published long back in the year 1908 without any spot verification at the time of acquisition whether the classification remained so. According to the claimants, Plot No. 510 having an area of 2.56 acres of Khata No. 1 is a Don Class I land but it was shown as Class III Tanr land in the assessment of compensation. Similarly Plot Nos. 523 and 524 of the said Khata are Don Class I paddy land but the same had been shown as Class III Tanr land, Dhankhet. Regarding other plots also, some objections have been made to the effect that the whole of the lands were either paddy land or tanr land as the claimants since their predecessors after hard labour had changed the nature of the land originally registered in the survey record of rights in the year 1908. The land is situated in the Industrial area being surrounded by different collieries and washeries. It was further alleged that a subsequent report from Shri U.P. Sinha, Revenue Officer and Sita Ram Singh and Nilpat Singh Munda, Revenue Inspectors, Charhi was called for as per the direction of the then Project Officer, Basantpur Washery. The lands acquired were found to be paddy growing tanr lands and that the claimants were having the income of Rs. lO.OOO/- per year being the price of the paddy produce in the don lands and Rs. 5,000.00 per year being the price of paddy produced in the tanr lands but because of acquisition, the claimants had been deprived of their said income and as such they are entitled to get damage on account of loss of income. The claimants had prayed that the marked value of the lands in question should not be fixed less than Rs. 80,000.00 per acre. The claimants had also claimed solatium and interest as permissible under the law. The Central Government as referencer had also filed rejoinder and alleged that the rates of different classes of lands had been fixed at by comparing sale figure of the different deeds of the vicinity for the year 1980 as required under the said Act and compensation had also been paid as per determination being made unde
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