Mandodari Devi & Anr vs The State Of Jharkhand
2022 Latest Caselaw 4194 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI

                       C.M.P. No. 953 of 2019
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        Mandodari Devi & Anr.                 ...               Petitioners
                                       Versus
       The State of Jharkhand                 ...         Opposite Parties
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Arbind Kr. Sinha, Advocate For the State : Mr. Chandra G.A. Bardhan, Advocate : Mr. Manish Mishra, Advocate

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Order No.03 Dated- 14.10.2022

Heard the parties.

The learned counsel for the petitioners submits that this civil miscellaneous petition has been filed with a prayer to modify the Judgment dated 13.09.2013, passed in First Appeal No. 751 of 2006 to the extent that the decretal compensation amount be disbursed through the land acquisition department/officer concerned with proper verification and identification. It is then submitted by the learned counsel for the petitioners that in terms of the direction of this Court, the State-respondent has altogether deposited ₹ 15 crores vide two different challans, one for Rs.6 crores and other for Rs.9 crores out of altogether 733 first appeals preferred from the common Judgment and award. Out of the deposited amount, in about 200 first appeals, the awarded compensation amount has been disbursed in terms of the said Judgment. The awardees of other appeals have not turned up for disbursal of other awarded amount and the reason behind their not turning up is that some of the awardees are very old and not in a position to travel 300 kilometers without support and some of the awardees are working outside the State and they came to village during the time of festival twice in a year. Hence, it is submitted that the amount be disbursed through concerned department i.e. Land Acquisition Officers as the Land Acquisition Officers being the local authority can easily verify and got identified to the villagers. It is then submitted that some other awardees informed that the authority have shown less acquired area whereas acquired more than the area shown in the record. It is then submitted that some of the awardees have preferred two appeals against one reference case. Hence, it is submitted that the deposited awarded compensation amount be remitted to the land acquisition authority.

The learned counsel for State on the other hand submits that it is the duty of the awardees to prove that they are the real persons in whose names award has been made.

Perusal of the Judgment dated 13.09.2013, passed in F.A. No. 751 of 2006 along with its 733 analogous cases reveals that by the said Judgment, the market value of the lands have been assessed to be Rs.66,000/- per acre i.e. Rs.660/- per decimal and with the aforesaid modification in the impugned judgment and awards, the first appeals were disposed of. It was also ordered that the awarded amount shall be deposited after adjusting the amount, if any, that has already been paid towards compensation. After deposit of the amount, the appellants shall prefer appropriate application for disbursement of the awarded amount on or before 19th November, 2013 and the said application for disbursement of the amount be referred to the National Lok Adalat. The Registry of this Court at the time of making payment shall deduct the deficit court fees on the basis of awarded amount. The deficit court fees shall be deducted first at the time of payment of compensation.

When, Mr. Arbind Kumar Sinha, the learned counsel for the appellants is asked to furnish the list of the persons and the awarded amount each of them was to receive and to furnish their bank account, Mr. Sinha prays for four weeks' time to file a supplementary affidavit mentioning therein the name of the persons who are yet to get the awarded amount, copy of Aadhar Cards and copy of their bank pass- book within four weeks.

List this civil miscellaneous petition after filing of the said supplementary affidavit.

It is made clear that, if the said supplementary affidavit is not filed within four weeks, this civil miscellaneous petition shall stand dismissed without further reference to the Bench.

(Anil Kumar Choudhary, J.) Sonu-Gunjan/