The Union Of India vs Maniram Mahto & Anr
2021 Latest Caselaw 506 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
              (Civil Appellate Jurisdiction)
                   F.A. No. 201 of 2013
                         With
                   F.A. No. 202 of 2013
                         With
                   F.A. No. 203 of 2013
                         ........

The Union of India, through DRM, East Central Railway, Dhanbad .... ..... Appellant Versus Maniram Mahto & Anr. .... ..... Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) ............

For the Appellant : Mr. Mahesh Tewari, Advocate. For the Respondent No.1 : Mr. Ramchandra Sahu, Advocate. For the Respondent No.2 : Mr. Nawal Kishore Pandey, A.C. to S.C. (L&C)-I.

........

30/03.02.2021.

Heard, learned counsel for the appellant, Mr. Mahesh Tewari. Learned counsel for the appellant has submitted that order dated 12.10.2020 passed by Coordinate Bench of this Court may be perused, whereby it has been found that Exhibit-E mentioned in the impugned judgment is not on record, as such, the impugned judgment may be set aside.

Learned counsel for the appellant has further submitted that though Exhibit-1 i.e. C.C. of registered sale deed No. 4014 dated 27.03.1961, Exhibit- 1/A, i.e. C.C. of registered sale deed No.253 dated 08.01.1962 and Exhibit-1/B i.e. C.C. of registered sale deed No.2239 dated 19.02.1963 are of the year 1961 -1963, but those sale deeds are not with respect to vacant land, rather there was structure on those lands, which the learned court below has failed to consider. On the basis of such sale deed, which have been marked as Exhibit- 1, 1/A and 1/B compensation cannot be enhanced for a vacant piece of land, which was acquired by the Railway and as such, the impugned judgment is bad in law.

Learned counsel for the respondent No.1, Mr. Ramchandra Sahu has submitted that for better appreciation of the matter adjournment may be granted, so as to assist this Court by the counsel Mr. Sudhir Kumar Sharma.

Considering such submissions, let the matter be posted when the physical court starts.

It is made clear that no further adjournment shall be granted on any ground.

Office is directed to delete the name of Mr. Vikash Kishore Prasad as counsel for the State from the cause list by substituting the same with the name of Mr. P. C. Roy, S.C.(L&C)-I.

Mr. Nawal Kishore Pandey, A.C. to S.C. (L&C)-I has no objection and he has assured this Court that he will assist this Court on this issue after taking instruction from the Deputy Commissioner, Dhanbad / Land Acquisition Officer, Dhanbad and shall file a counter affidavit in this matter.

(Kailash Prasad Deo, J.) Jay/-