Gopal Ram Agrawal & Ors vs Deputy Commissioner
2021 Latest Caselaw 178 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    [Civil Appellate Jurisdiction]
                            F.A. No. 930 of 2006
         Gopal Ram Agrawal & Ors.                      .... .. ...          Appellant(s)
                                    Versus
         Deputy Commissioner, Hazaribag                          .. ... ... Respondent(s)
                         ...........

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

For the Appellant(s) : Mr. Niraj Kishore, Advocate. For the Respondent : Ms. Shrestha Mahtha, A.C. to S.C.-II ..........

10 / 13.01.2021. Heard, learned counsel for the parties.

Learned counsel for the appellants has submitted that in the corrected award, the date of notification has been mentioned as 26.04.1985 pursuant to the direction passed by this Court in Civil Revision No.85 of 2006 which was allowed in terms of order dated 25.07.2007, copy of the same has been sent to the Court Master which may be kept on record.

Learned counsel for the appellants has further submitted that from perusal of the details of compensation awarded by the Court which has been placed at Page No.23 of the brief at Column No.12, the interest @ 12% has wrongly been calculated from 17.12.1989 to 25.02.2005 after making correction from 31.05.1988 till the date of judgment i.e. 25.02.2005, but actually the interest @ 15% is payable to the appellant from 26.04.1985 when notification under Section 4(1) of the Land Acquisition Act was notified.

Learned counsel for the appellants has further submitted that since wrong and less interest has been paid, as such, this First Appeal has been preferred by the appellants.

Ms. Shrestha Mahtha, learned A.C. to S.C.-II has submitted that some time may be granted so as to take instruction from the Deputy Commissioner, Hazaribagh as well as the Land Acquisition Officer, Hazaribag and to assist this Court as the learned S.C.II, Mr. Prabhat Kumar has some medical emergency and is not available in the town today.

Considering the submissions of the parties, four weeks' time is granted to the respondent to ascertain the fact and file affidavit so as to dispose of this appeal on the next date.

List this case after four weeks.

If affidavit is not filed, Deputy Commissioner, Hazaribag may be requested to assist this Court in this matter in the next date.

(Kailash Prasad Deo, J.) Sandeep/R.S.