Rameshwar Bedia (Dead vs Deputy Commissioner
2025 Latest Caselaw 67 Jhar

Jharkhand High Court

Rameshwar Bedia (Dead vs Deputy Commissioner on 2 May, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                                                      2025:JHHC:13815

 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     F.A. No. 164 of 2018
1. Rameshwar Bedia (Dead, Substituted vide order dt. 04.02.2025)
   1(a) Most. Charki Devi, age about 54 years,
           W/o Late Rameshwar Bedia
   1(b) Bhuneshwar Bedia, age about 31 years,
           S/o Late Rameshwar Bedia
   1(c) Mukesh Bedia, aged about 23 years,
           S/o Late Rameshwar Bedia
2. Nageshwar Bedia, age about 40 years
   Grandson of Late Deva Bedia, son of Late Munshi Bedia
3. Ramdayal Bedia, aged about 20 years, S/o Tulsiya Devi
4. Chamru Bedia (Dead, Substituted vide order dated 04.02.2025)
   4(a) Kanchan Bedia, aged about 50 years
   4(b) Phulchand Bedia, aged 27 years
   Both sons of Chamru Bedia
5. Dabllu Bedia, aged about 33 years
6. Sikandar Bedia, aged about 30 years
   SL. No.5 & 6 S/o Late Biglaha Bedia
   All residents of Village-Kadru, P.S.- Patratu, P.O.- Naya Nagar,
   Barkakana, District- Ramgarh... ... Appellant(s)/Applicant(s)
                                 -Versus-
1. Deputy Commissioner, Hazaribagh now Ramgarh, P.O. and P.S.
   Ramgarh, District- Ramgarh
2. The Deputy Chief Engineer (Const.) East Central Railway, P.O.-
   Barkakana, P.S.-Patratu, District- Ramgarh
                           ...     ... Respondents/Opposite Parties
                                  With
                          F.A. No. 165 of 2018
1. Badhan Bedia, aged about 32 years
2. Jivlal Bedia, aged about 29 years
   Both S/o Late Kushal Bedia, Resident of Village- Kadru, P.S.-
   Patratu, P.O.- Barkakana, District- Ramgarh
                                   ...     ...     Appellants/Applicants
                                -Versus-
1. Deputy Commissioner, Hazaribagh now Ramgarh, P.O. + P.S.-
   Ramgarh, District- Ramgarh
2. The Deputy Chief Engineer (Const.) East Central Railway, P.O.-
   Barkakana, P.S.- Patratu, District-Ramgarh
                            ...     ...     Respondents/opposite parties
3. Tulsi
4. Jatru Bedia
5. Matru Bedia
   3 to 5 all sons of Late Bastuwa Bedia
6. Bhola Bedia
   S/o Lata Balkaha Bedia
                           1
                                                               2025:JHHC:13815

     7. Gandowi Bedia
     8. Gauri Bedia
        7 & 8 both sons of Late Jugal Bedia
        All R/o Village- Kadru, P.S.- Patratu, District- Ramgarh
           ...         ...      Petitioners/Awardees/Proforma Respondents
                                       With
                                 F.A. 172 of 2018
     1. Jagdayal Bedia, aged about 42 years
        S/o Late Sohrai Bedia
     2. Medhan @ Medhnath Bedia, aged about 38 years
        S/o Late Banshi Bedia
     3. Shivdayal Bedia, aged about 33 years
     4. Krishna Bedia, aged about 30 years
        3 & 4 sons of Late Indra @ Indu Bedia
        All residents of Village- Kadru, P.S.- Patratu, P.S.- Naya Nagar,
        Barkakana, District- Ramgarh
                                    ...         ...      Appellants/Applicants
                                     -Versus-
     1. Deputy Commissioner, Hazaribagh now Ramgarh, P.O. + P.S.-
        Ramgarh, District- Ramgarh
     2. The Deputy Chief Engineer (Const.) East Central Railway, P.O.-
        Barkakana, P.S.- Patratu, District- Ramgarh
                                ...     ...      Respondents/Opposite Parties
     3. Jhubas Bedia S/o Late Bando Bedia
     4. Jagmohan Bedia @ Mohan Bedia
     5. Lalmohan
        4 & 5 sons of Late Minjra Bedia
        3 to 5 residents of Village- Kadru, P.S.- Patratu, P.O.- Naya Nagar,
        Barkakana, District- Ramgarh ... ... Performa Respondents
                                       With
                                 F.A. 153 of 2018
     1. Sodhna Bedia (Dead, Substituted vide order dt. 25.04.2025)
        1.(a) Motilal Bedia, aged about 50 years, S/o Late Sodhna Bedia,
        R/o Village- Kadru, P.O.- Barkakana, P.S.- Patratu, District-
        Ramgarh
     2. Arjun Bedia, aged about 38 years, grandson of Late Jagu Bedia,
        R/o Village- Kadru, P.S.- Patratu, P.O.- Barkakana, District-
        Ramgarh                 ...           ...      Appellants/Applicants
                                     -Versus-
     1. Deputy Commissioner, Hazaribagh now Ramgarh, P.O. + P.S.-
        Ramgarh, District- Ramgarh
     2. The Deputy Chief Engineer (Const.) East Central Railway, P.O.-
        Barkakana, P.S.- Patratu, District- Ramgarh
                                ...     ... Respondents/Opposite Parties
                                ---

CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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2025:JHHC:13815

For the Appellants : Mr. S.K. Dey, Advocate : Mr. Mitul Kumar, Advocate [In all cases] For the Resp. No. 2 : Mr. Sunil Kumar, Advocate [In all cases] For the Resp. No.1-State : Mr. Anup Kumar Agarwal, AC to GA-IV [In all cases]

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14/02.05.2025

1. All the four first appeals being F.A No. 164 of 2018 , F.A No. 165 of 2018, F.A No. 172 of 2018 and F.A No. 153 of 2018 have been filed against the Judgment dated 12.12.2017 (Award sealed and signed on 22.12.2017) passed by the learned Sr. Civil Judge-II-cum- Special Judge, L.R. Cases, Ramgarh in L.R. Case Nos. 73/2012, 100/2012, 74/2012 and 95/2012 respectively whereby and whereunder the learned court has awarded less compensation @ Rs.3,000/- per decimal for all classes of land to the appellants. The appellants- claimants have preferred these appeals for enhancement of the compensation @ Rs.8,000/- per decimal for all classes of land.

2. Learned counsel for the appellants submitted that all the four first appeals out of acquisition of lands of Village-Karru and identical issues are involved in all these cases.

3. Learned counsels for the parties have jointly submitted that arising out of the same impugned judgment passed by the learned court and in relation to the same village, namely, Kadru, arising out of the same notification for acquisition of land, this Court has decided other appeals being F.A. No. 176 of 2018 and other analogous cases vide judgment dated 25.03.2025.

4. The learned counsels have jointly submitted that these appeals are squarely covered by the aforesaid judgment passed by this Court and these appeals may also be disposed of in the same terms. The operative portion of the aforesaid judgement passed by this court is quoted as under: -

2025:JHHC:13815

"40. In view of the aforesaid facts and circumstances, this Court is of the view that rate of compensation for land fixed in case of village Masmohna [Annexure AE1], which is immediately adjoining to the village Karru (involved in this case) and have been acquired by same date of notification, that is, 03.04.2003 and for the same purpose at the flat rate of Rs. 7,000/- per decimal, is the fair market price for the acquisition of land of village Karra. Accordingly, the rate of compensation in these batch cases is to be increased from flat rate of Rs. 3,000/- per decimal to flat rate of Rs. 7,000/- per decimal.

41. All these first appeals are hereby allowed with the modification of the award only with respect to the rate of compensation for the acquired land and the impugned judgement is modified as under: -

"Considering the development of all the surrounding areas as well as industries of the area, the compensation rate should be Rs.7000/- per decimal. Accordingly, the appellants shall be entitled to get compensation at the rate of Rs.7000/- per decimal. The appellants shall be entitled for solatium and other benefit also as admissible under the Act."

5. After hearing the learned counsels for the parties, these appeals are disposed of in terms of the judgment dated 25.03.2025 passed by this Court in F.A. No. 176 of 2018 and other analogous cases.

6. Accordingly, these first appeals are hereby allowed with the modification of the respective awards only with respect to the rate of compensation for the acquired land and the impugned judgement is modified as under: -

"Considering the development of all the surrounding areas as well as industries of the area, the compensation rate should be Rs.7000/- per decimal. Accordingly, the appellants shall be entitled to get compensation at the rate of

2025:JHHC:13815

Rs.7000/- per decimal. The appellants shall be entitled for solatium and other benefit also as admissible under the Act."

7. There shall be no order as to cost.

8. Office is to prepare decree accordingly.

9. Pending I.A., if any, is closed.

10. Let a copy of this judgment and also the appellate decree be communicated to the court concerned through 'e-mail/FAX'.

(Anubha Rawat Choudhary, J.) Rakesh