Central Coalfields Limited (CMD), Darbhanga House, Ranchi Foogli Devi & Others v. WITH F.A
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI F.A. No. 190 of 2015 Central Coalfields Limited (CMD), Darbhanga House, Ranchi Versus ….. Appellant Karma Ganjhu & Others ….. Respondents WITH F.A. 192 of 2015 Central Coalfields Limited (CMD), Darbhanga House, Ranchi Versus ….. Appellant Basudeo Ganjhu & Others ….. Respondents WITH F.A. 194 of 2015 Central Coalfields Limited (CMD), Darbhanga House, Ranchi Versus ….. Appellant Mohan Ravidas & Others ….. Respondents WITH F.A. 195 of 2015 Central Coalfields Limited (CMD), Darbhanga House, Ranchi Versus ….. Appellant Ramdeo Ganjhu & Others ….. Respondents WITH F.A. 196 of 2015 Central Coalfields Limited (CMD), Darbhanga House, Ranchi Versus ….. Appellant Rajeshwar Ganjhu & Others ….. Respondents WITH F.A. 197 of 2015 Central Coalfields Limited (CMD), Darbhanga House, Ranchi Foogli Devi & Others Versus WITH F.A. 198 of 2015 ….. Appellant ….. Respondents Central Coalfields Limited (CMD), Darbhanga House, Ranchi Versus Kameshwar Ganjhu & Others --------- ….. Appellant ….. Respondents 2 & Analogous Cases F.A. No. 190 of 2015 CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA For the Appellants -------- : Mr. A.K. Das, Advocate. Ms. Swati Shalini, Advocate. Mr. Sahay Gaurav Piyush, Advocate. For the Respondents/Claimants: Mr. Jitesh Kumar, Advocate. Mr. Prabhu Ram, Advocate. : Mr. Praveen Akhouri, S.C. (Mines)-I. Mr. Diva Kant Roy, A.C. to S.C.(Mines)-I For the Respondents-State J U D G M E N T Reserved On : 13.12.2023 Pronounced On : 12.03.2024 1.
Legal Reasoning
These first appeals arise out of the common judgment dated 28.07.2014 passed by the learned Sr. Civil Judge-II-cum-Special Judge, L.A., Hazaribagh in separate land reference cases, whereby the said learned Court has allowed the claim of the respondents /claimants and enhanced the rate of compensation, as such, these appeals are
Decision
heard together and are being disposed of by this common judgment. 2. This batch of appeals arising out of Land Reference Case Nos. 52/2010 to 57/2010 & 60/2010. All these land reference cases arose out of Land Acquisition Case No. 14/2005-2006. 3. Learned counsel for the appellants has submitted that the land under acquisition proceedings were acquired way back in the year 2006 vide Gazette Notification issued under Section 4(1) of the Land Acquisition Act, 1894 under declaration No. 75/Ra. dated 03.02.2006, which was referred under Section 18 of the Land Acquisition Act by the Land Acquisition Officer, Ramgarh against the award prepared by the Collector, Ramgarh upon the application of the raiyati for enhancement of the compensation, but the application for enhancement has been filed by the claimants in the year 2010 i.e. after approximately four years. 3 & Analogous Cases F.A. No. 190 of 2015 4. Learned counsel for the appellant has submitted that the learned court below has failed to take into consideration that for the purpose of determining the compensation, the market value of land on the date of notification under Section 4(1) of the Land Acquisition Act, 1894 i.e. 03.02.2006 would be the relevant date while in the instant case, no material has been brought on record by the respondents to show that the market value of land in the year 2006 was more than the rate determined by the authorities under the Act. 5. It is further submitted that the competent authority before preparation of awards, a valuation report was prepared and all necessary precautions were taken in calculating and fixing the value as required under the Land Acquisition Act, 1894 were taken and therefore, no enhancement of compensation was required. 6. It is further submitted that the learned court below has failed to take into consideration that the Sale Deeds of previous three years i.e. prior to acquisition, were duly considered for calculating the average rate of lands of different categories which were fair, just and proper and the respective rates were duly approved and accordingly the compensation amount had been fixed by preparing awards by Collector. Therefore, the Judgment and Award passed by the learned Courts below are illegal. 7. It is further submitted that different categories of land were acquired pursuant to the Notification issued under Section 4(1) of the Land Acquisition Act and therefore, the learned Court below erred in fixing the compensation amount at an enhanced rate of Rs. 3,238/- decimal ignoring the classification of lands as per the record 4 & Analogous Cases F.A. No. 190 of 2015 of rights and therefore the impugned judgment is illegal and bad. Moreover, the learned court below ought to have allowed atleast 20% deduction towards development cost in view of the judgment of the