Jharkhand High Court
Respondent/ vs Petar Khalkho on 18 November, 2025
Author: Rajesh Shankar
Bench: Rajesh Shankar
Neutral Citation No. 2025:JHHC:34410-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 137 of 2015
Union of India through Defence Estate Officer, Job circle, Danapur
Cantt, P.O. & P.S. Danapur, Dist- Patna.
... Respondent/Appellant
Versus
1. Petar Khalkho, son of Late Nirmal Khalkho @ Jhagru Oraon.
2. Niroj Khalkho, son of Late Fanwel @ Bhagat Khalkho @ Oraon.
3. Mahadeo Toppo (Oraon), son of Late Maisa Toppo @ Oraon.
4. (i) Kiran Toppo, aged about 31 years, wife of Late Anil Toppo
(Oraon)
(ii) Rushtam Toppo (Minor), aged about 15 years,
(iii) Priyanshu Toppo (Minor), aged about 12 years,
Both Sons of late Anil Toppo, represented through their mother
and natural guardian Kiran Toppo, all residents of Village-
Tumbagutu, Karamtoli, Police Station-Namkum, Post Office-
Khijri, Namkum, District-Ranchi.
5. Sunil Lakra @ Oraon, son of Late Nanku Lakra @ Oraon.
6. (i) Jugesh Lakra, aged about 34 years,
(ii) Dilip Lakra, aged about 28 years,
(iii) Pradip Lakra, aged about 30 years,
All sons of Late Lodo @ Ladu Lakra, residents of Village-
Tumbagutu, Karamtoli, Police Station-Namkum, Post Office-
Khijri, Namkum, District-Ranchi.
7. Sukhlal Lakra @ Oraon, son of Late Goenda Lakra @ Oraon.
8. Sanicharwa Lakra, son of Late Charka Lakra @ Oraon.
9. Anthoni Lakra @ Kereketta, son of Late Gabrial Lakra.
10. Mariyam Kujur, wife of Late Josheph Lakra.
11. Salomi Tirkey (Lakra), daughter of Late Alouis Lakra.
12. Nirmal Toppo (Oraon), son of Late Etwa Oraon @ Bithu Toppo.
13. Sukra Toppo (Oraon), son of Late Mahadeo Toppo (Oraon).
14. Kripadas Kerketta, son of Late Mansukh Kerketta.
15. Lawrance Kerketta, son of Eliyas Kerketta.
16. Benjamin Kerketta, son of Late Noor Kerketta.
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Neutral Citation No. 2025:JHHC:34410-DB
17. Mansukh Kerketta, son of Late Samuel Kerketta.
18. (i) Katrina Kerketta, aged about 42 years, wife of Late Tej Kumar
Kerketta.
(ii) Prince, son of Late Tej Kumar Kerketta.
(iii) Abhishek Kerketta, son of Late Tej Kumar Kerketta.
Both represented through their mother and natural guardian
Katrina Kerketta, all residents of Village- Tumbagutu, Karamtoli,
Police Station-Namkum, Post Office -Khijri, Namkum, District-
Ranchi.
19. (i) Karma Toppo, aged about 56 years,
(ii) Jatru Toppo, aged about 49 years,
Both sons of Late Soman Oraon.
(iii) Punam Toppo, aged about 42 years, widow of predeceased
son named Late Kunjal Toppo.
All residents of Village- Tumbagutu, Karamtoli, Police Station-
Namkum, Post Office-Khijri, Namkum, District-Ranchi.
20. Tanesh Kerketta, son of Prem @ Kerketta.
21. Jatu Toppo (Oraon), son of Late Fagu Toppo.
22. Nirmal Toppo @ Nanku Oraon, son of Lose Champa Toppo.
23. (i) Ravi Ekka, aged about 35 years, son of Late Herman Ekka.
24. Sunil Ekka, son of Late Jhirga Ekka.
25. Simon Toppo (Oraon), son of Late Sukra Toppo (Oraon).
26. Michel Toppo, son of Late Mahaii Toppo (Oraon).
27. Mangra Oraon, son of Late Tuisa Oraon.
28. Baiju Oraon, son of Late Ragho Oraon.
29. Jagdish Nayak, son of Late Jatru Nayak.
30. Neman Runda @ Munda, son of Late Kalyan Munda.
31. Karuna Runda @ Munda, wife of Late Rupus Munda.
32. Michel Runda @ Munda, son of Late Thomas Munda.
33. Joshep Kerketta, son of Emanel Kerketta.
34. Pintu Minz @ Oraon, son of Late Sanicharwa Oraon.
35. Madi Oraon @ Khadia Oraon, son of Late Gandura Oraon.
36. Most. Lakhia Minz, wife of Late Madi Oraon.
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Neutral Citation No. 2025:JHHC:34410-DB
37. Biksal Munda, son of Jorea Munda.
All residents of Village Tumbagutu, P.O. and P.S. Namkom,
District Ranchi.
... Petitioners/Respondents
38. Union of India, through Ministry of Defence, South Block, P.O.
Janakpuri, P.S. South Campus, New Delhi.
39. State of Jharkhand, through Deputy Commissioner - cum -
Competent Authority under Section 2(b) of the R.A.I.P. Act, 1952,
Ranchi, P.O. G.P.O., Ranchi, P.S. Kotwali, District Ranchi.
... Performa Respondents/Respondents
WITH
L.P.A. No. 138 of 2015
Union of India through Defence Estate Officer, Job circle, Danapur
Cantt, P.O. & P.S. Danapur, Dist- Patna.
... Respondent/Appellant
Versus
1. (i) Dulari Devi, aged about 47 years, widow of Late Bandhan
Nayak, resident of Village-Tumbagutu, Karamtoli, Post Office and
Police Station- Namkum, District-Ranchi-834010.
(ii) Vishnu Nayak, aged about 21 years, son of Late Bandhan
Nayak, resident of Village-Tumbagutu, karamtoli, Post Office and
Police Station- Namkum, District-Ranchi-834010.
2. Mahabir Nayak, son of Chatur Nayak.
3. Fotoa Nayak, son of Karinath Nayak @ Karma Nayak.
4. Madho Nayak, son of Late Domon Ghasi.
5. Soma Nayak, son of Late Doman Ghasi.
6. (i) Birsa Nayak, aged about 46 years, son of Late Sikra Ghasi @
Sikra Nayak, resident of Village-Dahudih, Police Station-Bundu,
Taimara, Bundu, District-Ranchi, Jharkhand-835204
(ii) Vishu Nayak, aged about 45 years, son of Late Sikra Ghasi @
Sikra Nayak, resident of Nayatoli, near Mahavir Mandir, Harmu,
District-Ranchi, Jharkhand-834002.
7. Jitu Ghasi @ Jitua Nayak, son of Tina Ghasi.
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Neutral Citation No. 2025:JHHC:34410-DB
8. Doman Nayak.
9. Gandhura Nayak.
Sl. Nos.8 and 9, both are sons of Guna Ghasi.
10. (i) Babloo Nayak @ Bablu Nayak, son of Jugal Ghasi, legal heir of
deceased respondent no.10 Fagua @ Pyari Ghasi, son of Jugal
Ghasi, who is also respondent no.11 in this case.
11. Babloo Nayak @ Bablu Nayak, son of Jugal Ghasi,
... Petitioners/Respondents
12. Union of India, through Ministry of Defence, South Block, New
Delhi.
13. Deputy Commissioner - cum - Competent Authority under Section
2(b) of the R.A.I.P. Act, 1952, Ranchi, P.O. G.P.O., Ranchi, P.S.
Kotwali, District Ranchi.
... Performa Respondents/Respondents
---------
CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJESH SHANKAR
---------
For the Appellant: Mr. Prashant Pallav, A.S.G.I.
Mr. Pawan Kumar Pathak, C.G.C.
Mr. Bajrang Kumar, A.C. to A.S.G.I.
For the Respondents: Mr. Himanshu Kumar Mehta, Advocate
Mrs. Manjushri Patra, Advocate
Mr. Rishav Raj, Advocate
---------
21/Dated: 18.11.2025
Tarlok Singh Chauhan, C.J.(Oral)
1. Since similar facts and issues are involved in both the Letters Patent Appeals, they are being heard together and disposed of by this common order.
2. Aggrieved by the judgment passed by the learned Writ Court, whereby it appointed an Arbitrator to determine the compensation in terms of Section 8(1)(b) of the Requisitioning and Acquisition of Page 4 of 11 Neutral Citation No. 2025:JHHC:34410-DB Immovable Property Act, 1952 (hereinafter referred to as 'the Act'), the Union of India has filed the instant appeals.
3. It is in the year 1942 that the lands of five villages, namely, Khijri, Sidrol, Kutiyatu, Lodhma and Tumbagutu, had been requisitioned by the respondents for its use by the Military. Subsequently, in the year 1986-87, lands of those five villages were sought to be acquired under the Act. Accordingly, the process for acquisition was initiated by issuing notice of acquisition in the year 1986.
4. In the year 1989, the Deputy Commissioner assessed the value of the land and then determined it. On the basis of such assessment and determination, when the villagers found that the same is too low, they filed a writ petition being W.P. (C) No.1386 of 1989(R) before this Court. The same was disposed of on 01.11.1989 directing the Deputy Commissioner to pass an order after complying with the provisions especially Section 7(1) of the Act.
5. When the order was not being complied with, the villagers preferred contempt petition being M.J.C. Case No.37 of 1992(R).
6. During the pendency of the said petition, the Deputy Commissioner passed an order rejecting the claim of each of the petitioners.
7. Thereupon, the writ petitioners received the amount of compensation but under protest as it is evident from the documents annexed as Annexures-B series with the counter affidavit filed on behalf of the respondents before this Court in these proceedings. Page 5 of 11
Neutral Citation No. 2025:JHHC:34410-DB
8. The writ petitioners thereafter approached this Court with a prayer to direct the Union of India to appoint an Arbitrator as no agreement had been executed in between the Collector and the persons whose lands had been acquired. The learned Writ Court after thoroughly examining the records and after taking into consideration the legal provisions, directed the appellant herein to take recourse to the provisions relating to appointment of Arbitrator within two months from the date of receipt of copy of the order and taking exception to such order, the appellant/writ respondent has filed the instant appeals.
9. We really fail to understand as to how the appellant can be said to be "an aggrieved party" when it is established on record that the writ petitioners had though received the award amount but the same was under protest as has already been noted by us and is duly established by the documents annexed as Annexures-B series with the counter affidavit filed by the respondents in the instant appeals.
10. Therefore, in such circumstances, no exception can be taken to the order passed by the writ Court when it ordered appointment of an Arbitrator, as these directions are strictly in accordance with the provisions of Section 8(1)(b) of the Act.
11. It shall be apt to reproduce Section 8 in its entirety which reads as under:
"8. Principles and method of determining compensation:-
(1) Where any property is requisitioned or acquired under this Act, there shall be paid compensation the amount of which shall be Page 6 of 11 Neutral Citation No. 2025:JHHC:34410-DB determined in the manner and in accordance with the principles hereinafter set out, that is to say-
(a)Where the amount of compensation can be fixed by the agreement, it shall be paid in accordance with such agreement;
(b) Where no such agreement can be reached, the Central Government shall appoint as arbitrator a person who is, or has been, or is qualified for appointment as, a Judge of a High Court;
(c) the Central Government may, in any, particular case, nominate a person having expert knowledge as to the nature of the property requisitioned or acquired to assist the arbitrator, and where such nomination is made, the person to be compensated may also nominate an assessor for the same purposes;
(d) at the commencement of the proceedings before the arbitrator, the Central Government and the person to be compensated shall state what in their respective opinions is a fair amount of compensation;
(e) the arbitrator shall, after hearing the dispute, make an award determining the amount of compensation which appears to him to be just and specifying the person or persons to whom such compensation shall be paid, and in making the award, he shall have regard to the circumstances of each case Page 7 of 11 Neutral Citation No. 2025:JHHC:34410-DB and the provisions of sub-Sections (2) and (3), so far as they are applicable;
(f) where there is any dispute as to the person or persons who are entitled to the compensation the arbitrator shall decide such dispute and if the arbitrator finds that more persons than one are entitled to compensation, he shall apportion the amount thereof amongst such persons;
(g) nothing in the Arbitration Act, 1940 (X of 1940) shall apply to arbitrations under this section. (2) The amount of compensation payable for the requisitioning of any property shall, subject to the provisions of sub-sections (2A) and (2B), consist of--
(a) a recurring payment, in respect of the period of requisition, of a sum equal to the rent which would have been payable for the use and occupation of the property, if it had been taken on lease for that period; and
(b) such sum or sums, if any, as may be found necessary to compensate the person interested for all or any of the following matters, namely:--
(i) pecuniary loss due to requisitioning;
(ii) expenses on account of vacating the requisitioned premises;
(iii) expenses on account of reoccupying the premises upon release from requisition; and Page 8 of 11 Neutral Citation No. 2025:JHHC:34410-DB
(iv) damages (other than normal wear and tear) caused to the property during the period of requisition, including the expenses that may have to be incurred for restoring the property to the condition in which it was at the time of requisition.
(2A) The recurring payment, referred to in clause (a) of sub-section (2), in respect of any property shall, unless the property is sooner released from requisition under section 6 or acquired under section 7, be revised in accordance with the provisions of sub-section (2B)--
(a) in a case where such property has been subject to requisition under this Act for the period of five years or a longer period immediately preceding the commencement of the Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1975--
(i) first with effect from the date of such commencement, and
(ii) secondly with effect from the expiry of five years, and thirdly with effect from the expiry of ten years, from such commencement;
(b) in a case where such property has been subject to requisition under this Act immediately before such commencement for a period shorter than five years and the maximum period within which such property shall, in accordance with the provisions of sub-section (1A) of section 6, Page 9 of 11 Neutral Citation No. 2025:JHHC:34410-DB be released from requisition or acquired, extends beyond five years from such commencement,--
(i) first with effect from the date of expiry of five years from the date on which possession of such property has been surrendered or delivered to, or taken by, the competent authority under section 4, and
(ii) secondly with effect from the date of expiry of five years, and thirdly with effect from the date of expiry of ten years, from the date on which the revision made under sub-clause (i) takes effect;
(c) in any other case,--
(i) first with effect from the date of expiry of five years from the date on which possession of such property has been surrendered or delivered to, or taken by, the competent authority under section 4, and
(ii) secondly with effect from the date of expiry of five years, and thirdly with effect from the date of expiry of ten years, from the date on which the revision under sub-clause (i) takes effect.
(2B) The recurring payment in respect of any property shall be revised by re-determining such payment in the manner and in accordance with the principles set out in sub-section (1), read with clause (a) of sub-section (2), as if such property had been requisitioned under this Act on the date with effect from which the revision has to be made under sub-section (2A). Page 10 of 11
Neutral Citation No. 2025:JHHC:34410-DB (3) The compensation payable for the acquisition of any property under section 7 shall be the price which the requisitioned property would have fetched in the open market, if it had remained in the same condition as it was at the time of requisitioning and been sold on the date of acquisition."
12. Once it is established on record that the property has been acquired, the amount of compensation has been determined and the same has been received under protest, then the Central Government is required to appoint an Arbitrator in terms of Section 8(1)(b) of the Act.
13. Thus, we find no merit in these appeals and the same are hereby dismissed. The appellants are directed to appoint an Arbitrator within 30 days from the date of receipt of a copy of this order. On appointment of such Arbitrator, it shall be ensured by the learned Arbitrator that these proceedings are taken to the logical end as expeditiously as possible and in any event, within four months in terms of Rule 10(1) of the Requisitioning and Acquisition of Immovable Property Rules, 1953.
14. Pending application(s), if any, shall also stand disposed of.
(Tarlok Singh Chauhan, C.J.) (Rajesh Shankar, J.) November 18, 2025 N.A.F.R. Manoj/Pramanik/Cp.2 Page 11 of 11