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Judgment
Vide order dated 14.08.2019 it was recorded that the counsel for the appellant submits that in appeal filed by the MECON, a judgment has already been passed on 15.03.2019, which will have relevance in this case, accordingly, on that day the matter was adjourned to be listed after two weeks along with the record of F.A. No.48 of 2013, therefore, the matter has been listed today under the heading "For Hearing".
Learned counsel appearing for the appellant submits that the matter may be disposed of in terms of the judgment dated 15.03.2019 passed in F.A. No.48 of 2013.
Mr. Kishore Kumar Mishra, learned counsel appearing on behalf of the respondent nos.1 to 5 and Mr. Mr. D.K. Malityar, learned A.C. to S.C. (Mines)-I jointly submits that this matter may be disposed of in the light of the judgment dated 15.03.2019 passed in F.A. No.48 of 2013.
The first appeal has been filed against the judgment dated 30.04.2012 passed in L.A. Case No.401 of 1980 passed by the Land Acquisition Judge, Ranchi, and the judgment/award signed on 05.05.2012.
The brief facts of the case is that the land of the claimants under Khata No.78 being Plot No.168 measuring an area of 0.31 acres situated in the Village Hinoo, P.O. and P.S. Doranda, District of Ranchi which was acquired by the State of Bihar (Now Jharkhand) by the Hindustan Steel Limited for the purpose of construction of residential quarters of Hindustan Steel Limited (now known as MECON). The award was prepared being Award No.82A for Rs.12838.23/- only for the above acquired land was which was prepared by the Collector for the aforesaid land. Subsequently, claimants raised their grievance before the Land Acquisition Officer by filing the reference application under Section 18 of the Land Acquisition Act, 1894 contending that the compensation awarded against the said acquired land by the Land Acquisition Officer, Ranchi is quite low and inadequate and the Land Acquisition Officer, Ranchi has absolutely committed error in making proper and adequate valuation of the said land. The claimants raised their grievance on the ground that the acquired land was in the city of Ranchi and there are many important buildings and institutions around the acquired land and as such, in view of the prime locality and potentiality of the land, the Collector has inadequately assessed the market value of the land and has awarded improper and inadequate compensation against their acquired land. The claimants have further raised their claim that the market value of the land at the time of acquisition, the notification under Section 4 of the land Acquisition Act, was Rs.4000/- per decimals in the locality.
Claim of the claimants was objected by the State of Bihar (Now Jharkhand) as well as the MECON, that the statement regarding the potentiality of the required land as stated in the reference petition is not true, the O.P. No.1 State Government has prepared the award as compensation of the acquired land and after due inquiry and considering all the facts regarding determination of adequate market price of the acquired land, thus, the respondents are not entitled for enhanced market price as asserted in the reference petition.
The MECON has also asserted that the compensation has already been paid and it was further pleaded that the reference petition was filed after the time period and the same was barred by limitation. Awardees already accepted compensation of amount without objection and later filed application under Section 18 of the L.A. Act, before the Collector to refer the matter for determination of amount of compensation, which is not at all maintainable. MECON was impleaded as opposite party in the present case after lapse of 33 years and as such, claim against the opposite party is barred by limitation. The reference under Section 18 of the L.A. Act had been filed after expiry of period of six weeks of notice under Section 12 of Land Acquisition Act and even after six months from the date of making award and as such, the present reference case is barred by limitation. The claim of awardees for compensation is without any basis and against the materials on record. The Land Acquisition Officer, Ranchi has rightly determined value of land which was relevant at the date of acquisition. The claim of claimants would put the opposite parties to heavy financial burden and as such they prayed for dismissal of the application for enhancement of claim amount. In the reference case the following issues were framed which is quoted herein below:
(i) Whether the present case is maintainable in the eye of law?
(ii) Whether the present case is barred by law of limitation?
(iii) Whether the appellants are entitled to get enhanced compensation amount as claimed in the reference petition?
The learned court below after considering the evidence and documents, came to the finding that the applicants/respondents are entitled to get compensation of award of their acquired land at the rate of Rs.1500/- per decimal plus additional and compensation @ 12% under Section 23 (1-A) because the proceeding of determination of adequate market price is pending after 13th April, 1982 and it was also found to be entitled to get solatium @ 30% on the enhanced amount of compensation and appellants were also entitled to get interest on the enhanced amount @ 9% for one year and for the rest years 15% per annum for the other years from the date of declaration of acquisition of the said acquired land till the realization of total awarded amount and office was directed to prepare the modified award for compensation.
On 14.08.2019, it was submitted on behalf of the appellant that the order passed in F.A. No.48 of 2013 will have relevance in this case. This Court has perused the judgment passed in F.A. No.48 of 2013 wherein at paragraph no.7 it is recorded that the appellant/MECON came with a proposal that they are ready to pay balance amount along with 50% of the outstanding principal amount.
In paragraph no.8 of the aforesaid judgment, it is said that the MECON is ready to pay the amount of compensation as already agreed by them i.e. the entire amount of outstanding principal amount and 50% of the outstanding principal amount and also the solatium.
In the present case, the amount of compensation has been claimed against the award no.82A under Khata No.78 being Plot No.168 measuring an area of 0.31 acres situated in the Village Hinoo, P.O. and P.S. Doranda, District of Ranchi and the awarded amount by the learned Land Acquisition Judge with regard to Rizwan Ali is Rs.3,35,640.05/- and what amount has been paid by the appellant that is not disclosed by the MECON in this case. However, in F.A. No.48 of 2013 it was recorded that the appellant is ready to pay the said outstanding principal amount along with additional 50% of outstanding principal amount. The appellant was further "ready to pay the solatium as awarded by the learned Land Acquisition Judge".
Mr. Ray, appearing for the appellant submits that the appellant will not pay interest however this amount including the principal amount as well as the solatium, the amount will be deposited by way of Demand Draft with Registrar General of the Jharkhand High Court with respect to each case separately and the respondents may approach before the Registrar General, who in turn will disburse the amount upon presentation of respective identification.
Mr. Mishra, learned counsel appearing for the respondent nos.1 to 5 submits that the matter is very old and the respondents have been deprived of their genuine demands and meagre amount has been paid to respondent nos.1 to 3 and so far as the respondent nos.4 and 5 are concerned, they have not been paid any amount. He submits that this case can be disposed of in the light of the judgment dated 15.03.2019 passed in F.A. No.48 of 2013.
In the light of the above facts and circumstances and the submissions made by the learned counsel for the respondent nos.1 to 5 and looking into the judgment delivered by this Court in F.A. No.48 of 2013, the present appeal is disposed of in the light of that judgment itself.
In view of the stand taken by the MECON and in terms of the offer given by the appellant and to end the prolong litigation between the parties, this appeal is disposed of by accepting the proposal of the appellant/MECON. Accordingly, appellant/MECON is directed to pay the entire amount of outstanding principal amount and additional 75% of the outstanding principal amount and also solatium in lieu of the interest @ 6% per annum which would be just and proper and shall meet the ends of justice. The appellant is directed to deposit the said amount by way of demand draft with the Registrar General, High Court of Jharkhand, Ranchi with respect to each case separately and the respondents may approach the Registrar General, who in turn will disburse the amount upon presentation of respective identification.
With above observations and direction, F.A. No.149 of 2012 stands disposed of.
All pending interlocutory applications also stands disposed of.