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F.A. No. 87 of 2020

IN THE HIGH COURT OF JHARKHAND AT RANCHI

F.A. No.87 of 2020

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The State of Jharkhand through the Deputy Commissioner, Deoghar,

P.O. & P.S. –Deoghar, District -Deoghar

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…. Opposite Party/Appellant

Versus

Smt. Asha Jha, wife of Niranjan Jha, resident of village –Madarichak,

P.O. & P.S. –Deoghar, Circle –Deoghar, District -Deoghar

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.... Petitioner/Objector/ Respondent

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For the Appellant

: Mr. Manoj Kumar, Advocate

For the Respondent

: Mr. Indrajit Sinha, Advocate

: Mr. Ankit Vishal, Advocate

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P R E S E N T

HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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By the Court:-

1.

Heard the parties.

2.

This first appeal under Section 74 of the Right to Fair

Compensation and Transparency in Land Acquisition (Rehabilitation

and Resettlement) Act, 2013 has been preferred against the judgment

and award dated 28.08.2020, passed by the Principal District &

Sessions

Judge–cum-Land

Acquisition,

Rehabilitation

and

Resettlement Authority, Dumka, in Land Acquisition Case No. 09 of

2019 whereby and where under the Land Acquisition, Rehabilitation

and Resettlement Authority, Dumka has ordered that the petitioner-

respondent is entitled to receive compensation of Rs.1,04,93,246/- in

Award No.9 and Rs.3,14,14,350/- in Award No.16 and further ordered

that the petitioner-respondent is entitled to solatium at the rate of

100% at the enhanced amount of compensation and directed the

opposite party-appellant to pay the compensation amount within a

period of three months to the petitioner as her husband and son have

accorded no objection, if the entire compensation amount is released

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F.A. No. 87 of 2020

in favour of the petitioner-respondent.

3.

The brief facts of the case is that the District Land

Acquisition Officer, Deoghar made a reference to the Land

Acquisition, Rehabilitation and Resettlement Authority, Dumka in

connection with Land Acquisition Case No. 36/2017-18 which was

instituted in connection of acquisition of land and part of six storied

building and Show-room situated over an area of 30.084 decimals

owned by the petitioner for construction of over bridge between

Jasidih and Baidyanathdham Railway Station. The Award No.9 was

prepared for Rs.96,335/- in respect of acquisition of land measuring

3.650 decimals (1590 sq. feet) and Award No.16 was prepared for

acquisition of 5400 sq. feet of super built up area standing by the side

of the main road and 525 sq. feet area of single storied show-room at

Rs.92,53,720/-. Being dissatisfied with the same, the petitioner filed an

application before the Land Acquisition Officer and pursuant thereto

reference has been made to the learned court below under Section 76

of the Right to Fair Compensation and Transparency in Land

Acquisition (Rehabilitation and Resettlement) Act, 2013 (here-in-after

referred to as the Act).

4.

The case of the petitioner is that the land and building

acquired is situated in commercial area of Deoghar Town. The

petitioner further contended that she, her husband and son have

acquired 12,392 Sq. feet of land vide registered sale deed No. 12909

dated 20.11.1989, registered sale deed No.1280 dated 20.11.1989 and

registered gift deed No. 225 dated 20.09.2001. The land in question is

Basauri (home stead) transferable land and is situated in commercial

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F.A. No. 87 of 2020

area. The Kanungo has reported that the land in question belongs to

the petitioner and her family which is transferable land and the fixed

market value of the said land is Rs.28,75,862/- per decimal. In the

report of the Kanungo, it has been mentioned that the Collector

without following the procedure under Section 26 of the Act and

without taking into consideration the rate already fixed by him as per

the chart of the Registry Office, Deo