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2025 DIGILAW 2023 (JHR)

Kartik Bedia S/O Late Sukar Bedia v. Deputy Commissioner, Hazaribagh now Ramgarh, PO+PSRamgarh, Dist. - Ramgarh

2025-10-13

ANUBHA RAWAT CHOUDHARY

body2025
JUDGMENT : Anubha Rawat Choudhary, J. Learned counsel for the parties are present. 2. All the first appeals being F.A No. 152 of 2018 , F.A No. 154 of 2018, F.A No. 156 of 2018, F.A. No. 160 of 2018, F.A. No. 161 of 2018, F.A. No. 163 of 2018, F.A. No. 166 of 2018, F.A. No. 167 of 2018, F.A. No. 169 of 2018 and F.A. No. 170 of 2018 have been filed against the common Judgment dated 12.12.2017 (Award sealed and signed on 22.12.2017) passed by the learned Sr. Civil Judge-II-cum- Special Judge, L.R. Cases, Ramgarh in L.R. Case Nos. 94/2012, 72/2012, 80/2012, 75/2012, 84/2012, 240/2012, 99/2012, 77/2012, 87/2012 and 88/2012 respectively whereby and whereunder the learned court has awarded less compensation @ Rs.3,000/- per decimal for all classes of land to the appellants. The appellants- claimants have preferred these appeals for enhancement of the compensation @ Rs.8,000/- per decimal for all classes of land. 3. Learned counsel for the parties have also submitted that the appellants are aggrieved by the grant of compensation at less amount @ Rs. 3,000/- for all classes of land to the appellants and the appellants have preferred these appeals for enhancement of compensation @ Rs. 8000/- per decimal for all classes of land. They have jointly submitted that all the appeals arise out of same land acquisition process with respect to the village Kadru and identical issues are involved in all these cases. 4. The learned counsel for the parties has jointly submitted that all these first appeals arise out of Land Reference cases and nomenclature of all the cases decided by the learned court is L.R. Case. They submit that all appeals arise out of Land Acquisition case No. 20 of 2004-05. 4. The learned counsel for the parties has jointly submitted that all these first appeals arise out of Land Reference cases and nomenclature of all the cases decided by the learned court is L.R. Case. They submit that all appeals arise out of Land Acquisition case No. 20 of 2004-05. The First Appeals and the corresponding L.R. Cases are as under: - Land Reference Case No. Corresponding First Appeal No. L.R. Case No. 94 of 2012 F.A. No. 152 of 2018 L.R. Case No. 72 of 2012 F.A. No. 154 of 2018 L.R. Case No. 80 of 2012 F.A. No. 156 of 2018 L.R. Case No. 75 of 2012 F.A. No. 160 of 2018 L.R. Case No. 84 of 2012 F.A. No. 161 of 2018 L.R. Case No. 240 of 2012 F.A. No. 163 of 2018 L.R. Case No. 99 of 2012 F.A. No. 166 of 2018 L.R. Case No. 77 of 2012 F.A. No. 167 of 2018 L.R. Case No. 87 of 2012 F.A. No. 169 of 2018 L.R. Case No. 88 of 2012 F.A. No. 170 of 2018 5. Learned counsel for the appellants submitted that all the first appeals out of acquisition of lands of Village-Kadru and identical issues are involved in all these cases. 6. 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 being F.A. No. 176 of 2018 and other analogous cases vide judgment dated 25.03.2025. 7. The learned counsels have jointly submitted that these appeals are squarely covered by the aforesaid judgment passed by this Court and these appeals may also be disposed of in the same terms. The operative portion of the aforesaid judgement passed by this court is quoted as under: - “ 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. 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.” 8. After hearing the learned counsels for the parties and with the consent of the parties, the present appeals are also 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. 9. Accordingly, these first appeals are hereby allowed with the modification of the respective awards 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.” 10. At this, the learned counsels for the parties have also submitted that the lead case decided by this court is F.A. No. 176 of 2018 along with other analogous cases which was decided vide order dated 25.03.2025. While deciding the lead case and analogous cases, there was no defect pointed out by the office regarding the nomenclature of the cases decided by the learned civil court (Land Reference case or Land Acquisition case) and same judgement is impugned in present first appeals also. However, out of the batch of cases listed today, in only two cases i.e. F.A. No. 154 of 2018 and F.A. No. 170 of 2018 there has been a defect pointed out by the office regarding nomenclature and the learned civil court has mechanically changed the nomenclature of the all the L.R. Cases decided by the impugned judgement as L.A cases which also includes those cases decided earlier vide F.A. No. 176 of 2018 along with other analogous cases. They jointly submit that the case arise out of Reference case and the correct nomenclature is L.R. Case and not L.A. Case. Accordingly, they submit that it be recorded that in F.A. No. 154 of 2018 and F.A. No. 170 of 2018, the nomenclature of the case decided by the learned court be taken as L.R. Case and not L.A. Case. 11. Accordingly, they submit that it be recorded that in F.A. No. 154 of 2018 and F.A. No. 170 of 2018, the nomenclature of the case decided by the learned court be taken as L.R. Case and not L.A. Case. 11. In view of the aforesaid submissions, it is directed that the correct nomenclature of the cases decided by the learned trial court in F.A. No. 154 of 2018 and F.A. No. 170 of 2018 would be L.R. Case and not L.A. Case. The learned counsel for the appellants shall carry out necessary correction in the memo of appeals i.e. in F.A. No. 154 of 2018 and in F.A. No. 170 of 2018. While preparing the decree, the office shall take the case number of the impugned judgement as L.R. Case and not L.A. Case. 12. Pending I.A., if any, is closed. 13. Let a copy of this judgment and also the appellate decree be communicated to the court concerned through ‘e-mail/FAX’.