Balku Bedia v. Deputy Commissioner, Hazaribagh now Ramgarh
2025-05-07
ANUBHA RAWAT CHOUDHARY
body2025
DigiLaw.ai
JUDGMENT : ANUBHA RAWAT CHOUDHARY , J. 1. Learned counsel for the parties are present. 2. This appeal has been filed challenging the judgment and award dated 12.12.2017 and 22.12.2017 respectively passed by the learned Senior Civil Judge-II-cum-Special Judge, L.R. Cases, Ramgarh in L.R. Case No.241 of 2012, whereby the learned court has awarded compensation @ Rs.3,000/- per decimal for all classes of land to the appellants. The appellants have preferred this appeal for enhancement of compensation @ Rs.8,000/- per decimal for all classes of land. 3. Learned counsels for the parties have jointly submitted that arising out of the same impugned judgment passed by the learned court and in relation to the same village, namely, Kadru, arising out of the same notification for acquisition of land, this Court has decided other appeals dated 25.03.2025. 4. The learned counsels have jointly submitted that this appeal is squarely covered by the aforesaid judgment passed by this Court and this appeal may also be disposed of in the same terms. The operative portion of the aforesaid judgement passed by this court is quoted as under: - “40. In view of the aforesaid facts and circumstances, this Court is of the view that rate of compensation for land fixed in case of village Masmohna [Annexure AE1], which is immediately adjoining to the village Karru (involved in this case) and have been acquired by same date of notification, that is, 03.04.2003 and for the same purpose at the flat rate of Rs. 7,000/- per decimal, is the fair market price for the acquisition of land of village Karra. Accordingly, the rate of compensation in these batch cases is to be increased from flat rate of Rs. 3,000/- per decimal to flat rate of Rs. 7,000/- per decimal 41. All these first appeals are hereby allowed with the modification of the award only with respect to the rate of compensation for the acquired land and the impugned judgement is modified as under: - “Considering the development of all the surrounding areas as well as industries of the area, the compensation rate should be Rs.7000/- per decimal. Accordingly, the appellants shall be entitled to get compensation at the rate of Rs.7000/- per decimal. The appellants shall be entitled for solatium and other benefit also as admissible under the Act.” 5.
Accordingly, the appellants shall be entitled to get compensation at the rate of Rs.7000/- per decimal. The appellants shall be entitled for solatium and other benefit also as admissible under the Act.” 5. After hearing the learned counsels for the parties, this appeal is disposed of in terms of the judgment dated 25.03.2025 passed by this Court in F.A. No. 176 of 2018 and other analogous cases. 6. Accordingly, this first appeal is hereby allowed with the modification of the award only with respect to the rate of compensation for the acquired land and the impugned judgement is modified as under: - “Considering the development of all the surrounding areas as well as industries of the area, the compensation rate should be Rs.7000/- per decimal. Accordingly, the appellants shall be entitled to get compensation at the rate of Rs.7000/- per decimal. The appellants shall be entitled for solatium and other benefit also as admissible under the Act.” 7. There shall be no order as to cost. 8. Office is to prepare decree accordingly. 9. Pending I.A., if any, is closed. 10. Let a copy of this judgment and also the appellate decree be communicated to the court concerned through ‘e-mail/FAX’.