Jharkhand High Court

C.M.D. vs Khemnath Mahto on 20 January, 2021

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     (Civil Appellate Jurisdiction)
                            F.A. No. 11 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. Khemnath Mahto

2. Sanynath Mahto

3. Suresh Mahto

4. Karm Chand Mahto

5.Mani Devi

6. Basiro Mahto

7. Jainath Mahto

8. Kailash Mahto

9. Hemlal Mahto

10. Dular Mahto

11. Dharam Mahto

12.Deputy Commissioner, Hazaribagh ......Respondents With F.A. No. 26 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) Tukni Devi

(b) Pradip Kumar

(d) Rekha Devi

2. (a) Niraso Devi

(b) Prabhudayal Mahto

(d) Geeta Mahto

3. Chutar Mahto

4. Deputy Commissioner, Hazaribagh. ......Respondents With F.A. No. 27 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) Fulko Devi

(b) Loknath Thakur

(d) Baleshwar Thakur

(e) Bilaso Devi

(f) Sado Devi

(g) Savitri Devi

(h) Aarti Devi

(i) Hemanti Devi

2. Deputy Commissioner, Hazaribagh. ......Respondents With F.A. No. 42 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. Mangari Devi

2. Sona Ram Manjhi

3. Babuchand Manjhi

4.(a) Badki Devi

(b) Basiya Manjhi

(d) Maino Devi

5. Sukhdeo Manjhi

6. Chhotelal Manjhi

7. Somar Manjhi

8. Sukhram Manjhi

9. Ashim Manjhi

10. Deputy Commissioner, Hazaribagh. ......Respondents

With F.A. No. 49 of 2008 ......

1.(a) Smt. Tukni Devi

(b) Pradeep Mahto

(d) Rekha Devi

2. (a) Niraso Devi

(b) Prabhudayal Mahto

(d) Geeta Devi

3. Chuter Mahto

4. Sohan Mahto

5.Loki Mahto

6. Rajesh Mahto

7. Kishor Mahto

8. Deputy Commissioner, Hazaribagh. ......Respondents

With F.A. No. 56 of 2008 ......

1.Mosemat Mangri Devi

2. Sonaram Manjhi

3. Babu Ram Manjhi

4. (a) Badki Devi

(b) Basiya Manjhi

(d) Maino Devi

5. Sukdeo Manjhi

6. Chote Manjhi

7. Ashin Manjhi

8. Somar Manjhi

9. Sukhram Manjhi

10. Deputy Commissioner, Hazaribagh. ......Respondents

With F.A. No. 58 of 2008 ......

1.(a) Pokhlal Mahto

(b) Kabilash Devi

(d) Yogendra Mahto

(e) Kaushalya Devi

(f) Nitu Rani

(g) Nikki Kumari

2. Mahabir Mahto

3. Lal Jee Mahto

4. Kartik Mahto

5. Naresh Mahto

6. Deputy Commissioner, Hazaribagh. ......Respondents

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

For the Appellants : Mr. A.K. Das, Advocate Mr. Sahay Gaurav Piyus, Advovate 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

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16/Dated: 20/01/2021.

All the seven First Appeals are arising out of same and common judgment passed in respect of Land Reference Case Nos.443 of 1992, 449 of 1992, 448 of 1992, 421 of 1992, 440 of 1992, 411 of 1992 and 429 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 assisted by Mr. Sahay Gaurav Piyus 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. 11 of 2008 arising out of Land Acquisition Reference Case No. 443 of 1992 (Khemnath Mahto & Ors. vs. Deputy Commissioner, Hazaribagh and Anr.), F.A. No.26 of 2008 arising out of Land Reference Case No. 449 of 1992 ( Tukni Devi & Ors. vs. Deputy Commissioner, Hazaribagh and Anr.), FA No.27 of 2008 arising out of Land Reference Case No.448 of 1992 (Chedi Thakur & Anr. vs. Deputy Commissioner, Hazaribagh and Anr.), FA No.42 of 2008 arising out of Land Reference Case No.421 of 1992 (Mangari Devi & Ors. vs. Deputy Commissioner, Hazaribagh and Anr.), FA No.49 of 2008 arising out of Land Reference Case No.440 of 1992 (Tukni Devi & Anr. vs. Deputy Commissioner, Hazaribagh and Anr.), FA No.56 of 2008 arising out of Land Reference Case No.411 of 1992 (Most. Mangri Devi & Ors. vs. Deputy Commissioner, Hazaribagh and Anr.) and FA No.58 of 2008 arising out of Land Reference Case No.429 of 1992 (Bandhan Mahto & 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 seven aforesaid First Appeals are hereby allowed and disposed of in the same term as passed by co-ordinate Bench of this Court in other analogous matters.

The impugned judgment and award in all these appeals are hereby set aside.

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-