Jharkhand High Court
C.M.D. vs Bahamani Kamin Wife Of Late Moti ... on 13 January, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Appellate Jurisdiction)
F.A. No. 8 of 2008
......
C.M.D., Darbhanga House C.C. Ltd., Ranchi through its General Manager (L&R)
T.N.B. Rao, s/o T. Subbaiah, r/o Jawahar Nagar Colony, Kanke Road, PO Kanke, PS
Gonda, District Ranchi. ...... Appellant
Versus
1. Bahamani Kamin wife of late Moti Manjhi
2. Kartick Manjhi son of late Moti Manjhi
3. Babu Ram Manjhi son of late Moti Manjhi
4. Ram Kumar son of late Moti Manjhi
5. Kamal Manjhi son of Dukhi Manjhi
6. Karma Manjhi son of late Betaka @ Botha Manjhi
7. Dhaneshwar Manjhi son of late Rublal Manjhi
8. Ramlal Manjhi son of late Rublal Manjhi
9. Koda son of Ledo Manjhi
10. (a) Sanichar Manjhi
(b) Lalji Manjhi
(c) Mahabir Manjhi
(d) Sawan Marandi
(e) Talo Devi
11. Dhena Manjhi son of Sikari Manjhi, All resident of Village Murpa, P.O. & P.S.
Mandu, District Hazaribagh.
12. Deputy Commissioner, Hazaribagh ......Respondents
With
F.A. No. 12 of 2008
......
C.M.D. Darbhanga House, C.C.L., Ranchi through its General Manager (L&R) T.N.B.
Rao, s/o T. Subbaiah, r/o Jawahar Nagar Colony, Kanke Road, PO Kanke, PS Gonda,
District Ranchi. ...... Appellant
Versus
1. (a) Kashi Nath Mahto
(b) Dineshwar Prasad
(c) Jainandan Patel
(d) (i) Nellam Kumari
(ii) Sunita Devi
2. Jainath Mahto Son of Late Rijhu Mahto
3. Kailash Mahto Son of Late Rijhu Mahto
4. Hemlal Mahto son of Late Rijhu Mahto
5. Dular Chand Mahto son of late Rijhu Mahto All resident of Village Murpa, P.O. &
P.S. Mandu, District Hazaribagh.
6. Deputy Commissioner, Hazaribagh. ......Respondents
With
F.A. No. 23 of 2008
......
C.M.D., Darbhanga House, C.C. Ltd., Ranchi through its General Manager (L&R)
T.N.B. Rao, s/o T. Subbaiah, r/o Jawahar Nagar Colony, Kanke Road, PO Kanke, PS
Gonda, District Ranchi ...... Appellant
Versus
1. (a) Arjun Mahto
(b) Lakho Devi
(c) Kanti Devi
All R/o Village Murpa, P.O. & P.S. Mandu, District Hazaribagh
2. Deputy Commissioner, Hazaribagh. ......Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
......
For the Appellants : Mr. A.K. Das, Advocate
For the Respondent(s) : Mr. A.K. Sahani, Advocate
Mr. Suraj Kumar, advocate
For the Respondent-State : Mr. Suresh Kumar, SC (L&C)-II
Mr. S. Ahmed, AC to SC (Mines)-I
-----
25/Dated: 13/01/2021.
All the three First Appeals are arising out of same and common
judgment passed in respect of Land Reference Case Nos.420 of 1992, 422
of 1992 and 442 of 1992, as such, these are being heard together and
disposed of by this common judgment.
Heard, learned counsel for the parties.
Learned counsel for the appellant, Mr. A.K. Das has submitted that
for the purpose of rehabilitation of the villagers, 94.55 acres lands have
been acquired and notification under Section 4 of the Land Acquisition Act,
1894 was made by Notification No.D.L.A., Haz- 39/86-2170 dated
28.07.1987. The declaration vide declaration No.B.L.A. Haz- 47/89-1973
dated 07.08.1989 was published in the District Gazette. After enquiry, the
lands were clasified in 8 (eight) categories, namely, Dhan-I, Dhan-II, Dhan-
III, Tanr I, Tanr II, Tanr III, Parti and Gairmazurwa Aam lands. Eight types
of rates were fixed in respect of said categories of lands. Thereafter, the
award was prepared by the Collector, as per the rate determined by them.
The awardees objected to the award. Thus, the matter was referred under
Section 18 of the Land Acquisition Act, 1894. Objection with regard to
only 76.75 acres of land out of total acquired land of 94.55 acre was filed.
Land Reference cases were instituted before the Sub-Ordinate Judge-
II-cum-Special Judge, Land Acquisition, Hazaribagh vide Land Reference
Case Nos. 411 of 1992 to 461 of 1992. Out of these 51 Land Reference
cases, 51 First Appeals have been preferred before this Court and out of
which some of them have been disposed of by remanding the matter to the
court below in terms of judgment dated 12.06.2019 passed in F.A. No.10 of
2008 and judgment dated 06.02.2020 passed in F.A. No.55/2008.
Learned counsel for the appellants has further submitted that
common questions are involved in all First Appeals, out of which some of
the appeals have already been allowed by different co-ordinate Bench, by
setting aside the impugned award with a direction to the Sub-Ordinate
Judge-cum-Special Judge, Land Acquisition, Hazaribagh for deciding each
of the case afresh taking into consideration of all the documents, which are
on record, as such, these F.A. No. 8 of 2008 arising out of Land Acquisition
Reference Case No. 422 of 1992 (Bahamani Kamin & Ors. vs. Deputy
Commissioner, Hazaribagh and Anr.), F.A. No.12 of 2008 arising out of
Land Reference Case No. 442 of 1992 (Barho Mahto & Ors. vs. Deputy
Commissioner, Hazaribagh and Anr.) and FA No.23 of 2008 arising out of
Land Reference Case No.420 of 1992 (Chedi Sukiyar & Ors. vs. Deputy
Commissioner, Hazaribagh and Anr. ) may also be disposed of, so as to
decide the same expeditiously as early as possible by the learned Sub-
ordinate Judge-II-cum Special Judge, Land Acquisition, Hazaribagh as F.A.
No.9 of 2008, F.A. No.10 of 2008, F.A. 13 of 2008, F.A. No.14 of 2008,
F.A. No.15 of 2008, F.A. No.16 of 2008, F.A. No.17 of 2008, F.A. No.18 of
2008, F.A. No.19 of 2008, F.A. No.20 of 2008, F.A. No. 24 of 2008, F.A.
No.25 of 2008, F.A. No.28 of 2008, F.A. No.29 of 2008, F.A. No.31 of
2008, F.A. No.32 of 2008, F.A. No.33 of 2008, F.A. No.34 of 2008, F.A.
No.35 of 2008, F.A. No.36 of 2008, F.A. No.37 of 2008, F.A. No.38 of
2008, F.A. No.39 of 2008, F.A. No.40 of 2008, F.A. No.41 of 2008, F.A.
No.43 of 2008, F.A. No.44 of 2008, F.A. No.45 of 2008, F.A. No.46 of
2008, F.A. No.47 of 2008, F.A. No.48 of 2008, F.A. No.51 of 2008, F.A.
No.52 of 2008, F.A. No.53 of 2008, F.A. 54 of 2008 and F.A. No.57 of
2008 have already been allowed vide judgment dated 12.06.2019 as well as
FA No.55 of 2008 has also been disposed of by co-ordinate Bench of this
Court in the aforesaid terms vide judgment dated 06.02.2020.
Learned counsel for the respondents has no objection, but has prayed
that since the claimants are sufferers, as such, this Court may direct the
court below to decide the matter expeditiously as early as possible after
giving full opportunity of hearing to the parties.
Considering the same all the three aforesaid First Appeals are hereby
allowed and disposed of in this same term as passed by co-ordinate Bench
of this Court in other analogous matter.
The impugned judgment and award in all these appeals are hereby
set aside.
I.A. No.3327 of 2008 in F.A. No.23 of 2008 stands closed.
Office is directed to remit the Lower Court Record in connection
with each of the land Reference Case through special messenger to the
court below within a period of 15 days from today.
(Kailash Prasad Deo, J.)
sandeep/R.S-
