Jharkhand High Court
The Union Of India Through The ... vs Binod Kumar & Others on 25 January, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
F.A. No.58 of 2016
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The Union of India through the General Manager, Eastern Railway,
Kolkata .... .... .... Appellant
Versus
Binod Kumar & Others .... .... .... Respondents
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Appellant : Mr. Vinod Kr. Sahu, Advocate
For the Respondents : Mr. Praveen Akhauri, SC (MINES I)
Mr. Suraj Kumar, Advocate, Advocate
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Order No.10 Dated- 25/01/2023
I.A. No.4787 of 2021
Heard the parties.
2. Learned counsel for the respondents submits that this interlocutory
application has been filed with a prayer to direct the Civil Judge (Senior
Division) II-cum Special Judge, L.A. Cases to release the compensation
amount in favour of the respondents in Execution Case No.50 of 2007. It is
next submitted that the instant First Appeal being F.A. No.58 of 2016 has
been filed against the order dated 27.04.2007 passed by learned Additional
District Judge-cum-Special Judge (L.A), Hazaribagh (now Ramgarh) in
L.R. Case No.24 of 2006. It is next submitted that being aggrieved by the
impugned order, the appellant- Railway filed W.P. (C) No.359 of 2015
along with other writ applications and a co-ordinate Bench of this Court
vide order dated 27.01.2016, dismissed all the writ applications with
liberty to avail statutory remedy under Section 54 of the Land Acquisition
Act, 1894 and thereafter, this appeal has been preferred with a delay of
3200 days. It is next submitted that this appeal was heard by this Court on
19.08.2020 on the point of limitation/condonation of delay in filing the
appeal and the delay was condoned on the condition that the appellant
will deposit the entire compensation amount and consequently the
appellant- Railway has deposited the amount of Rs.7,85,467.80/- in the
court of Civil Judge (Senior Division) II-cum Special Judge, L.A. Cases,
Ramgarh on 09.10.2020. It is then submitted that as the land of the
respondent/awardee/land losers was acquired by the State Authority for
the purpose of widening of railway line in the year 1971-72 and
accordingly in the year 1992 the award was prepared in favour of the
respective awardee by the order of Land Acquisition Judge, Hazaribagh
which was subsequently confirmed in Land Reference Case No.24 of 2006
in the year 2007 itself and admittedly the respondent/awardee/land
losers are the bonafide title holders of the land in question which was
acquired for widening of the railway track and since 1971-72 the
respondent/awardee/land losers are running from pillar to post for
getting their compensation. It is next submitted that after deposit of the
said amount before the court below, the respondents made a prayer for
release of the compensation amount in their favour and in reply to the
said application, the appellant- Railway admitted that the
respondent/decree holder/awardees are the real owner of the acquired
land but due to pendency of this First Appeal, they are not entitled to get
the same. It is next submitted by the learned counsel for the respondents
that the appellant is not diligent in pursuing this appeal and today also
the appellant is not ready for hearing of the appeal and prays for time.
3. Considering the conduct of the appellant that the appellant is not
ready and cooperating in disposal of this appeal, the prayer to release the
amount deposited by the appellant- Railway in favour of the private
respondents on their proper identification in Execution Case No.50 of 2007
pending in the court of Civil Judge (Senior Division) II-cum Special Judge,
L.A. Cases, Ramgarh is allowed.
4. The Civil Judge (Senior Division) II-cum Special Judge, L.A. Cases,
Ramgarh is directed to release the deposited amount by the appellant
herein who are the judgment debtor in Execution Case No.50 of 2007 in
favour of the private respondents in accordance with law as per their
share on their proper identification.
5. This interlocutory application stands disposed of.
(Anil Kumar Choudhary, J.)
F.A. No.58 of 2016
Learned counsel for the appellant prays for time.
Prayer for time is allowed as the last chance.
List this appeal after a week.
In the meantime, call for the lower court records.
Animesh/ (Anil Kumar Choudhary, J.)
