Jharkhand High Court
Krishna Singh vs The State Of Jharkhand on 29 June, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.4841 of 2021
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Krishna Singh .......... Petitioner.
-Versus-
1. The State of Jharkhand, through the Chief Secretary, Government
of Jharkhand, Project Building, Dhurwa, Ranchi.
2. The Principal Secretary, Department of Revenue & Land Reforms,
Government of Jharkhand, Project Building, Dhurwa, Ranchi.
3. The District Land Acquisition Officer, Ramgarh.
4. The Deputy Commissioner, Ramgarh.
5. The Circle officer, Ramgarh.
6. The Executive Engineer, Road Construction Department, National
Highway Division, Ranchi.
.......... Respondents.
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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner : Mr. Shubham Gautam, Advocate
For the State : Mr. Achyut Keshaw, G.P.I
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Order No.09 Date: 29.06.2022
The present writ petition has been filed for issuance of direction
upon the respondents to prepare an award and make payment of
interest (delayed compensation) @ 15% per annum over the same for
acquisition of the land appertaining to Khata no.01, plot no.20, Thana
no.145, Mouja Ramgarh Cantt., village Nai Sarai, P.S. Mandu, Pargana
Jagesar, District Hazaribagh for expansion of N.H.33.
Heard learned counsel for the parties and perused the materials
available on record.
On the objection of the petitioner's father- Jag Narayan Singh
against the quantum of compensation fixed by the award prepared in
Land Acquisition Case no.12 of 1985-86, Land Reference Case no.18
of 1990 was registered in the court of Additional District Judge-cum-
Special Judge, L.R. Cases, Hazaribagh. The said case was finally
disposed of vide judgment dated 23rd April, 2005 holding as under:-
"11. That in the light of the fact discussed hereinbefore, petitioner
is entitled to get a enhancement compensation of Rs.2,12,500/- u/s
23(1) of the Act the actual price of the land at the rate of 2500 per
decimal besides the interest u/s 23(1-A) and also entitled for the
solatium of 30% on the price of land. Besides these, petitioner is
entitled to 9% interest on the excess amount from the date of
possession of the land to the date of payment of such excess into the
court for the first year and after first year petitioner shall be entitled
to get 15% on the excess amount till date of payment."
The petitioner's father being dissatisfied with the said judgment
passed by the original Court preferred an appeal being First Appeal
No.42 of 2005 before this Court. It appears that during pendency of
the said appeal, the petitioner's father- Jag Narayan Singh died and,
thereafter he was substituted by their sons, namely, Ram Naresh
Singh, Krishna Singh (petitioner herein), Anant Deo Singh and Govind
Singh. The said first appeal was subsequently dismissed vide judgment
dated 18th July, 2018.
The contention of the learned counsel for the petitioner is that
pursuant to dismissal of the first appeal, the petitioner requested for
payment of due compensation in lieu of acquisition of the said land,
on which the Land Acquisition Officer, Ramgarh calculated
Rs.5,99,794/- as admissible payment for the same, however, the
petitioner is not satisfied with the said amount. Thus, the present writ
petition.
This Court is of the view that since the original Court i.e.
Additional District Judge-cum-Special Judge, L.R. Cases, Hazaribagh,
while disposing of the Land Ref. Case no.18 of 1990 vide judgment
dated 23rd April, 2005, has already observed regarding quantum of
compensation, solatium and interest to be paid with respect to
acquisition of the land in question, no further interference is required
by this court particularly under extraordinary writ jurisdiction.
The writ petition is, accordingly, dismissed.
However, if the petitioner feels that the fixation of
compensation pursuant to dismissal of the aforesaid first appeal by
this Court is not in terms with the judgment passed by the original
Court, he is at liberty to take appropriate recourse in this regard as
provided under law.
(Rajesh Shankar, J.)
Sanjay/
