West Bokaro Colliery, Tisco Now Tata Steel Ltd. v. Prayag Sao
2019-10-17
SANJAY KUMAR DWIVEDI
body2019
DigiLaw.ai
JUDGMENT : SANJAY KUMAR DWIVEDI, J. 1. Counsel for the parties are present. 2. This first appeal is directed against the judgment dated 23.03.2006 and award dated 24.04.2006 passed by Sub Judge-II, Hazaribag under Section 18 of the Land Acquisition Act in Land Reference Case No. 519/1992 arising out of L.A. Case No. 51/80-81/L.A. Case No. 19/88-89. 3. A joint compromise petition has been filed on behalf of the appellant and the private respondents. 4. Counsels for the parties submit that they have entered into out of Court settlement and accordingly a joint compromise petition has been filed in this case and the terms of compromise has been recorded in para-4 and 5 of the Interlocutory application. The counsels jointly pray that this matter may be disposed of in terms of the compromise and office be directed to prepare an award accordingly. 5. Mr. Arbind Kumar Sinha, the learned counsel appearing on behalf of the respondents submits that respondent no. 2 is traceless since more than 10 years. He further submits that inspite of best efforts, the respondent no. 2 has not been traced out. He further submits that rest of the parties have entered into a compromise in pursuance of the mediation held between the parties before the JHALSA, Ranchi, and accordingly, I.A. for compromise in terms of Order XXIII Rule 3 r/w Section 151 C.P.C. has been filed. The terms and conditions of the compromise have been depicted in paragraph nos.4 and 5 of the said I.A. 6. Mr. Pratyush Kumar, the learned counsel appearing for the appellant and Mr. Arbind Kumar Sinha, the learned counsel appearing on behalf of the respondents further submit that since the respondent no. 2 is traceless, this matter can be disposed of in terms of the compromise. 7. In view of the above submissions, and after going through the compromise petition filed by the parties, this case is disposed of in terms of the compromise whose terms have been, inter-alia, mentioned in para-4 and 5 of the Interlocutory application which are quoted herein below for ready reference: “4. That, thus, instant joint compromise petition is being filed wherein the claimants/ respondents have willingly, voluntarily, unconditionally and unequivocally agreed to walve off and thereby give up the 40% of the interest amount accruing from the date of award i.e. 20.12.2005 till the date of its deposit i.e. 10.07.2012 before the Ld. Executing Court.
That, thus, instant joint compromise petition is being filed wherein the claimants/ respondents have willingly, voluntarily, unconditionally and unequivocally agreed to walve off and thereby give up the 40% of the interest amount accruing from the date of award i.e. 20.12.2005 till the date of its deposit i.e. 10.07.2012 before the Ld. Executing Court. As per compromise the appellant has no any objection in releasing the award money including occurred interest which has been deposited by appellant in the Ld. Executing Court as per order of the Hon’ble Court. 5. That the appellant willingly has agreed to pay to the respondents/claimants 60 % (sixty) percent of total interest occurred from the date of award to the date of deposit. The claimants/respondents have willingly, voluntarily, unconditionally and unequivocally agreed to and thus have waived off and thus would not lay any claim on any interest amount after the aforesaid date of deposit of the awarded amount before the Ld. Executing Court. The claimants/respondents hereby confirm to be fully satisfied with the settlement amount and have no further claim, demand and/or grievance of any interest award money against the appellant. The appellant voluntarily and willingly has agreed to deposit the above 60 % interest within the month of the order of the Hon’ble Court.” 8. This First Appeal is disposed of in terms of the aforesaid compromise entered into between the parties and the compromise petition is directed to be treated as a part of the award. 9. Office is directed to prepare the award accordingly. 10. Since this F.A. is disposed of, the I.As. if any, pending in this F.A. are also disposed of.