SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2020 Supreme(Jhk) 96

IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sanjay Kumar Dwivedi, J.
Madan Munda, son of Late Gahru Munda - Appellant
Versus
State of Jharkhand & Ors. - Respondents
F.A. No. 145 of 2013, 147 of 2013, 148 of 2013, 149 of 2013, 150 of 2013, 151 of 2013, 152 of 2013, 153 of 2013, 154 of 2013, 155 of 2013, 156 of 2013, 157 of 2013
Decided On : 20-02-2020

Advocates Appeared:
For the Appellants :Mr. Bhaiya Vishwajeet Kumar, Advocate, Mr. S.K. Dey, Advocate, Mr. Mitul Kumar, Advocate
For the Respondent: Mr. Vijay Kumar Sinha, A.S.C (Rly), Mr. Subhash Chandra Prakash: SC (L&C) 1

Headnote:

Land Acquisition Act, 1894 - Sections 54, 11 (2) and 18 - Abandoned the claim of the houses - Objected amount of compensation - Sale deeds - First appeals have been filed under section 54 of the Land Acquisition Act, 1894 against the judgment and award Land Reference Case No. 37/2012, Land Reference Case No. - Land Reference Case No. Land Reference Case No - Land Reference Case No. 33/2012 and L.A. Case No – Held, Court held being the circle rate prevalent is correct market price of the lands as lands are situated besides cantonment area so as to seems market, factories and residential houses etc - Appellants are entitled to get compensation calculating price of acquired lands to be per decimal along with solatium, interest and additional compensation as provided Land Acquisition Act, 1894. It is made clear Court is not interfering with compensation awarded by court below - appellants has abandoned the claim of the houses, well and boundary wall in L.R. Case No., L.R. Case No. L.R. Case No. L.R. Case No. court has not entered into this aspect of the matter - Appeals are allowed

JUDGMENT :

1. Heard Mr. Bhaiya Vishwajeet Kumar, learned counsel appearing for the appellants, Mr. Subhash Chandra Prakash, learned counsel for the respondent-State, Mr. Vijay Kumar Sinha, learned counsel appearing for the respondent-Railway.

2. Since in all these first appeals common judgment is under challenge that is why all these first appeals are heard together.

3. The appellants have abandoned the claim of the houses, well and boundary-wall in L.R. Case No. 41/2012, L.R. Case No. 43/2012, L.R. Case No. 44/2012 and L.R. Case No. 45 of 2012.

4. All these first appeals have been filed under section 54 of the Land Acquisition Act, 1894 against the judgment dated 26.06.2013 and award dated 08.07.2013 passed in Land Reference Case No. 37/2012, Land Reference Case No. 41/2012, Land Reference Case No. 45/2012, Land Reference Case No. 43/2012, Land Reference Case No. 40/2012, Land Reference Case No. 32/2012, Land Reference Case No. 34/2012, Land Reference Case No. 44/2012, Land Reference Case No. 38/2012, Land Reference Case No. 36/2012, Land Reference Case No. 35/2012, Land Reference Case No. 33/2012 and L.A. Case No. 01/05-06.

5. From perusal of impugned judgment, it appears that appellants in L.R. Case No. 31 of 2012 and L.R. Case No. 39 of 2012 have not filed first appeal before this Court.

6. Mr. Bhaiya Vishwajeet Kumar, learned counsel appearing for the appellants submits that land in Khata No. 25 Plot No. 616 area 9 decimals, Plot No. 617 area 1 decimal, Plot No. 618 area 7 decimal, Plot No. 619, area 12 decimals total area 29 decimals, Khata No. 19 Plot No. 612 area 124 decimals, Plot No. 613 area 12 decimals, Plot No. 1162 area 0.015 decimal, Plot No. 1163 area 0.51 decimal, Khata No. 27 Plot No. 1161 area 15 decimal total area 1.035 acre in Mouza Pochra, Plot No. 1157/1 area .02 acre, Plot No. 1157 area .03 acre total area .05 acre, Khata No. 1 Plot No. 1157/5 area .02 acre, Khata No. 1 Plot No. 1157 area .025 acre, Khata No. 19 Plot No. 1162 area 0.015 acre total area 0.040 acres, Khata No. 19 Plot No. 1163, Khata No. 43 Plot No. 1158 area .38 acres, Khata No. 43 Plot No. 1158, Khata No. 42 Plot No. 1159/1 area .09 acre, Plot No. 1160 area .14 acre, Plot No. 1168 area .19 acre total area .42 acre, Mouza Pochra Khata No. 86 Plot No. 1164 area .08 acre, Khata No. 40 Plot No. 1173 Mouza Pochra area .03 acre, Khata No. 21, Plot No. 1159 area 0.19 acre, Khata No. 1 Plot No. 1157/1, Khata No. 19 Plot No. 1163/2 were the subject matter in L.R. Case No. 31/2012, L.R. Case No. 32/2012, L.R. Case No. 33/2012, L.R. Case No. 34/2012 L.R. Case No. 35/2012, L.R. Case No. 36/2012, L.R. Case No.37/2012, L.R. Case No. 38/2012, L.R. Case No. 39/2012, L.R. Case No. 40/2012 , L.R. Case No.41/2012, L.R. Case No. 43/2012, L.R. Case No. 44/2012 and L.R. Case No. 45/2012. All these reference cases were arise out of after the award passed by the Collector under section 11 (2) of the Land Acquisition Act and that is why, these reference cases were filed under section 18 of Land Acquisition Act before the court below for enhancement of awarded amount.

7. Mr. Bhaiya Vishwajeet Kumar, learned counsel appearing for appellants submits that land looser objected the amount of compensation they were awarded and the collector made reference in terms of section 18 of Land Acquisition Act, 1894 to determine the market price of acquired land pursuant to that the above reference cases were registered.

8. Learned counsel for the appellants further submits that valuation of their land required to be considered at least @ Rs. 20,000/- per decimal in view of circle rate fixed by the District Sub-Registrar i.e. Exhibit-4 which were exhibited before the court below whereas the court below has fixed @ Rs. 8,000/- per decimals.

9. Learned counsel for the appellants further submits that land is just next to the National Highway and meant for Ramgarh-Patratu Road. He further submits that lands are very near to Barkakana Railway station and very near within the vicinity of Ram

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top