West Bokaro Collery, Tesco, Now Tata Steel Ltd. v. Nandkishore Sao
2019-03-13
ANUBHA RAWAT CHOUDHARY
body2019
DigiLaw.ai
JUDGMENT : 1. Heard Mr. Pratyush Kumar, counsel appearing on behalf of the appellant assisted by Mr. Ganesh Pathak, Advocate. 2. Heard Mr. Arbind Kumar Sinha, counsel appearing on behalf of the claimants. 3. Heard Mr. Subhash Chandra Prakash, counsel appearing on behalf of Resp.-State. 4. The matter has been heard in part. 5. Counsel for the appellant submitted that the property involved in this case was from Village- Banji and the learned court below while fixing the compensation has considered, the compensation which was fixed in connection with the adjoining village i.e. village- Baru-Ghutu. He submits that this approach of the learned court below was not in accordance with law. he further submits that he shall place the various exhibits on the next date of hearing. 6. Counsel for the parties jointly pray that the matter may be posted on 27.03.2019 for further hearing and for final disposal. 7. Considering the submissions made, post these cases (F. A. No. 104 of 2006; F. A. No. 951 of 2006; F. A. No. 106 of 2006; F. A. No. 107 of 2006; F. A. No. 108 of 2006; F. A. No. 109 of 2006; F. A. No. 110 of 2006; F. A. No. 111 of 2006; F. A. No. 112 of 2006; F. A. No. 113 of 2006; F. A. No. 114 of 2006; F. A. No. 105 of 2006; F. A. No. 116 of 2006; F. A. No. 117 of 2006; F. A. No. 118 of 2006; F. A. No. 947 of 2006; F. A. No. 115 of 2006) on 27.03.2019. F. A. No. 55 of 2006 with F. A. No. 56 of 2006 with F. A. No. 57 of 2006 with F. A. No. 58 of 2006 with F. A. No. 60 of 2006 8. Counsel for the parties submits that so far as First Appeal from Item No. 108 to 112 (F. A. No. 55 of 2006; F. A. No. 56 of 2006; F.A. No. 57 of 2006; F.A. No. 58 of 2006 and F.A. No. 60 of 2006) are concerned, same arises out of land acquisition in Village- Baru-Ghutu. 9.
Counsel for the parties submits that so far as First Appeal from Item No. 108 to 112 (F. A. No. 55 of 2006; F. A. No. 56 of 2006; F.A. No. 57 of 2006; F.A. No. 58 of 2006 and F.A. No. 60 of 2006) are concerned, same arises out of land acquisition in Village- Baru-Ghutu. 9. Counsel for the appellant submits that in Item No. 108 to 112 (F. A. No. 55 of 2006; F. A. No. 56 of 2006; F.A. No. 57 of 2006; F.A. No. 58 of 2006 and F.A. No. 60 of 2006), the Lower Court Records have not been received. He further submits that these cases are not immediately ready for final disposal and they may be segregated from the batch matter and be posted separately. 10. Considering the submissions made, Item No. 108 to 112 (F. A. No. 55 of 2006; F. A. No. 56 of 2006; F.A. No. 57 of 2006; F.A. No. 58 of 2006 and F.A. No. 60 of 2006) are being segregated from the batch. 11. Office is directed to call for the Lower Court Records of the following cases from the Court of Sub-ordinate Judge II, Hazaribagh:- (F. A. No. 55 of 2006; F. A. No. 56 of 2006; F.A. No. 57 of 2006; F.A. No. 58 of 2006 and F.A. No. 60 of 2006). 12. Let this order be communicated through Fax to the learned court below.