Secret Agri Pro Market Commi v. Ram Naresh Singh & Ors.

Appearance : For the Appellant/s : Mr. L.K. Verma Mr. B.K.Singh Chauhan Mr. Baleshwar Kamath Mr. Ashok Kr.Keshari For the Respondent/s : Mr. Syed M.M.Ahsan Mr. Brajesh Sharma Mr. Braj Kishore Pd Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO, MEMBER, LOK ADALAT Appeal valued at Rs.53,192.68/- A W A R D 18 03-05-2012 This Appeal filed by Agriculture Produce Market Committee, Patna under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred as to “the Act”) against the Judgment and award dated 18.7.1990 passed by the Sri Narendra Mishra, Special Land Acquisition Judge-II, Patna on 10.8.1990 on reference made under Section 18 of the Act has been referred to this Lok Adalat for determination. The appeal is valued at Rs. 53,192.68/-. The Agriculture Produce Market Committee, Patna was 2 Patna High Court FA No.630 of 1990 (18) dt.03-05-2012 constituted under the Bihar Agriculture Produce Market Act, 1960. Under the Bihar Agriculture Produce Market (Repeal) Act, 2006 (Bihar Act 23, 2006) the said Act of 1960 and the Rules framed thereunder are repealed. By operation of Section 4 of the said Act of 2006, the assets and liabilities of the appellant Committee vested in the State Government. The learned counsel, Mr. Kundan Bahadur Singh, S.C.22 appearing on behalf of the State of Bihar-respondent No.2 submitted that since after repeal of the Act 1960, the assets and liabilities of the Agriculture produce Market Committee has already been vested in the State of Bihar, the State of Bihar-respondent No.2 may be transposed as appellant in this appeal. There is no objection on behalf of the private respondent. Accordingly, the State Government-respondent No.2 is transposed as appellant in this appeal. The Government of Bihar has, on 20th of August, 2010, issued a Notification that all First Appeals preferred by the Government of Bihar under the Land Acquisition Act, 1894, pending in the High Court in which the amount does not involve more than rupees One Lakh be withdrawn. Learned advocate, Mr. Kundan Bahadur Singh appears for the appellants. He has submitted that the present Appeal is covered 3 Patna High Court FA No.630 of 1990 (18) dt.03-05-2012 by the aforesaid Notification dated 20.8.2010, therefore, the appellant may be permitted to withdraw this appeal. Leave is granted. Appeal is disposed of accordingly with the following award. The Judgment and Award dated 18.7.1990 passed by Sri Narendra Mishra, Special Land Acquisition Judge II, Patna in Land Acquisition Case No.81 of 1978 stands confirmed. The State Government will deposit the amount of compensation, additional compensation, solatium and statutory interest calculated up to the date of deposit in the court below as early as possible but not later than 31st August, 2012. The claimants-respondents will file application disbursement of the amount of compensation before the Special Land Acquisition Judge II, Patna. The Special Land Acquisition Judge II, Patna will disburse the amount to the claimants after ascertaining their identity. This Award is made on 3rd of May, 2012 in Lok Adalat. Sanjeev/- (Mungeshwar Sahoo, J) Member, Lok Adalat