Jharkhand High Court

Respondent/ vs Petar Khalkho on 18 November, 2025

Author: Rajesh Shankar

Bench: Rajesh Shankar

                                      Neutral Citation No. 2025:JHHC:34410-DB




 IN THE HIGH COURT OF JHARKHAND AT RANCHI
        L.P.A. No. 137 of 2015
Union of India through Defence Estate Officer, Job circle, Danapur
Cantt, P.O. & P.S. Danapur, Dist- Patna.
                                            ...    Respondent/Appellant
                        Versus
1. Petar Khalkho, son of Late Nirmal Khalkho @ Jhagru Oraon.
2. Niroj Khalkho, son of Late Fanwel @ Bhagat Khalkho @ Oraon.
3. Mahadeo Toppo (Oraon), son of Late Maisa Toppo @ Oraon.
4. (i) Kiran Toppo, aged about 31 years, wife of Late Anil Toppo
   (Oraon)
   (ii) Rushtam Toppo (Minor), aged about 15 years,
   (iii) Priyanshu Toppo (Minor), aged about 12 years,
      Both Sons of late Anil Toppo, represented through their mother
      and natural guardian Kiran Toppo, all residents of Village-
      Tumbagutu, Karamtoli, Police Station-Namkum, Post Office-
      Khijri, Namkum, District-Ranchi.
5. Sunil Lakra @ Oraon, son of Late Nanku Lakra @ Oraon.
6. (i) Jugesh Lakra, aged about 34 years,
   (ii) Dilip Lakra, aged about 28 years,
   (iii) Pradip Lakra, aged about 30 years,
      All sons of Late Lodo @ Ladu Lakra, residents of Village-
      Tumbagutu, Karamtoli, Police Station-Namkum, Post Office-
      Khijri, Namkum, District-Ranchi.
7. Sukhlal Lakra @ Oraon, son of Late Goenda Lakra @ Oraon.
8. Sanicharwa Lakra, son of Late Charka Lakra @ Oraon.
9. Anthoni Lakra @ Kereketta, son of Late Gabrial Lakra.
10. Mariyam Kujur, wife of Late Josheph Lakra.
11. Salomi Tirkey (Lakra), daughter of Late Alouis Lakra.
12. Nirmal Toppo (Oraon), son of Late Etwa Oraon @ Bithu Toppo.
13. Sukra Toppo (Oraon), son of Late Mahadeo Toppo (Oraon).
14. Kripadas Kerketta, son of Late Mansukh Kerketta.
15. Lawrance Kerketta, son of Eliyas Kerketta.
16. Benjamin Kerketta, son of Late Noor Kerketta.


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                                      Neutral Citation No. 2025:JHHC:34410-DB




17. Mansukh Kerketta, son of Late Samuel Kerketta.
18. (i) Katrina Kerketta, aged about 42 years, wife of Late Tej Kumar
   Kerketta.
   (ii) Prince, son of Late Tej Kumar Kerketta.
   (iii) Abhishek Kerketta, son of Late Tej Kumar Kerketta.
      Both represented through their mother and natural guardian
      Katrina Kerketta, all residents of Village- Tumbagutu, Karamtoli,
      Police Station-Namkum, Post Office -Khijri, Namkum, District-
      Ranchi.
19. (i) Karma Toppo, aged about 56 years,
   (ii) Jatru Toppo, aged about 49 years,
      Both sons of Late Soman Oraon.
   (iii) Punam Toppo, aged about 42 years, widow of predeceased
   son named Late Kunjal Toppo.
      All residents of Village- Tumbagutu, Karamtoli, Police Station-
      Namkum, Post Office-Khijri, Namkum, District-Ranchi.
20. Tanesh Kerketta, son of Prem @ Kerketta.
21. Jatu Toppo (Oraon), son of Late Fagu Toppo.
22. Nirmal Toppo @ Nanku Oraon, son of Lose Champa Toppo.
23. (i) Ravi Ekka, aged about 35 years, son of Late Herman Ekka.
24. Sunil Ekka, son of Late Jhirga Ekka.
25. Simon Toppo (Oraon), son of Late Sukra Toppo (Oraon).
26. Michel Toppo, son of Late Mahaii Toppo (Oraon).
27. Mangra Oraon, son of Late Tuisa Oraon.
28. Baiju Oraon, son of Late Ragho Oraon.
29. Jagdish Nayak, son of Late Jatru Nayak.
30. Neman Runda @ Munda, son of Late Kalyan Munda.
31. Karuna Runda @ Munda, wife of Late Rupus Munda.
32. Michel Runda @ Munda, son of Late Thomas Munda.
33. Joshep Kerketta, son of Emanel Kerketta.
34. Pintu Minz @ Oraon, son of Late Sanicharwa Oraon.
35. Madi Oraon @ Khadia Oraon, son of Late Gandura Oraon.
36. Most. Lakhia Minz, wife of Late Madi Oraon.



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                                      Neutral Citation No. 2025:JHHC:34410-DB




37. Biksal Munda, son of Jorea Munda.
      All residents of Village Tumbagutu, P.O. and P.S. Namkom,
      District Ranchi.
                                        ...         Petitioners/Respondents
38. Union of India, through Ministry of Defence, South Block, P.O.
   Janakpuri, P.S. South Campus, New Delhi.
39. State of Jharkhand, through Deputy Commissioner - cum -
   Competent Authority under Section 2(b) of the R.A.I.P. Act, 1952,
   Ranchi, P.O. G.P.O., Ranchi, P.S. Kotwali, District Ranchi.
                              ... Performa Respondents/Respondents
                     WITH
            L.P.A. No. 138 of 2015
Union of India through Defence Estate Officer, Job circle, Danapur
Cantt, P.O. & P.S. Danapur, Dist- Patna.
                                            ...     Respondent/Appellant
                         Versus
1. (i) Dulari Devi, aged about 47 years, widow of Late Bandhan
   Nayak, resident of Village-Tumbagutu, Karamtoli, Post Office and
   Police Station- Namkum, District-Ranchi-834010.
   (ii) Vishnu Nayak, aged about 21 years, son of Late Bandhan
   Nayak, resident of Village-Tumbagutu, karamtoli, Post Office and
   Police Station- Namkum, District-Ranchi-834010.
2. Mahabir Nayak, son of Chatur Nayak.
3. Fotoa Nayak, son of Karinath Nayak @ Karma Nayak.
4. Madho Nayak, son of Late Domon Ghasi.
5. Soma Nayak, son of Late Doman Ghasi.
6. (i) Birsa Nayak, aged about 46 years, son of Late Sikra Ghasi @
   Sikra Nayak, resident of Village-Dahudih, Police Station-Bundu,
   Taimara, Bundu, District-Ranchi, Jharkhand-835204
   (ii) Vishu Nayak, aged about 45 years, son of Late Sikra Ghasi @
   Sikra Nayak, resident of Nayatoli, near Mahavir Mandir, Harmu,
   District-Ranchi, Jharkhand-834002.
7. Jitu Ghasi @ Jitua Nayak, son of Tina Ghasi.



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                                       Neutral Citation No. 2025:JHHC:34410-DB




8. Doman Nayak.
9. Gandhura Nayak.
        Sl. Nos.8 and 9, both are sons of Guna Ghasi.
10. (i) Babloo Nayak @ Bablu Nayak, son of Jugal Ghasi, legal heir of
     deceased respondent no.10 Fagua @ Pyari Ghasi, son of Jugal
     Ghasi, who is also respondent no.11 in this case.
11. Babloo Nayak @ Bablu Nayak, son of Jugal Ghasi,
                                            ... Petitioners/Respondents
12. Union of India, through Ministry of Defence, South Block, New
     Delhi.
13. Deputy Commissioner - cum - Competent Authority under Section
     2(b) of the R.A.I.P. Act, 1952, Ranchi, P.O. G.P.O., Ranchi, P.S.
     Kotwali, District Ranchi.
                                 ... Performa Respondents/Respondents
                       ---------
CORAM:             HON'BLE THE CHIEF JUSTICE
            HON'BLE MR. JUSTICE RAJESH SHANKAR
                       ---------
For the Appellant:     Mr. Prashant Pallav, A.S.G.I.
                       Mr. Pawan Kumar Pathak, C.G.C.
                       Mr. Bajrang Kumar, A.C. to A.S.G.I.
For the Respondents: Mr. Himanshu Kumar Mehta, Advocate
                       Mrs. Manjushri Patra, Advocate
                       Mr. Rishav Raj, Advocate
                       ---------
21/Dated: 18.11.2025
Tarlok Singh Chauhan, C.J.(Oral)

1. Since similar facts and issues are involved in both the Letters

Patent Appeals, they are being heard together and disposed of by this

common order.

2. Aggrieved by the judgment passed by the learned Writ Court,

whereby it appointed an Arbitrator to determine the compensation in

terms of Section 8(1)(b) of the Requisitioning and Acquisition of

Neutral Citation No. 2025:JHHC:34410-DB

Immovable Property Act, 1952 (hereinafter referred to as 'the Act'),

the Union of India has filed the instant appeals.

3. It is in the year 1942 that the lands of five villages, namely,

Khijri, Sidrol, Kutiyatu, Lodhma and Tumbagutu, had been

requisitioned by the respondents for its use by the Military.

Subsequently, in the year 1986-87, lands of those five villages were

sought to be acquired under the Act. Accordingly, the process for

acquisition was initiated by issuing notice of acquisition in the year

1986.

4. In the year 1989, the Deputy Commissioner assessed the value

of the land and then determined it. On the basis of such assessment

and determination, when the villagers found that the same is too low,

they filed a writ petition being W.P. (C) No.1386 of 1989(R) before this

Court. The same was disposed of on 01.11.1989 directing the Deputy

Commissioner to pass an order after complying with the provisions

especially Section 7(1) of the Act.

5. When the order was not being complied with, the villagers

preferred contempt petition being M.J.C. Case No.37 of 1992(R).

6. During the pendency of the said petition, the Deputy

Commissioner passed an order rejecting the claim of each of the

petitioners.

7. Thereupon, the writ petitioners received the amount of

compensation but under protest as it is evident from the documents

annexed as Annexures-B series with the counter affidavit filed on

behalf of the respondents before this Court in these proceedings.

Neutral Citation No. 2025:JHHC:34410-DB

8. The writ petitioners thereafter approached this Court with a

prayer to direct the Union of India to appoint an Arbitrator as no

agreement had been executed in between the Collector and the

persons whose lands had been acquired. The learned Writ Court after

thoroughly examining the records and after taking into consideration

the legal provisions, directed the appellant herein to take recourse to

the provisions relating to appointment of Arbitrator within two months

from the date of receipt of copy of the order and taking exception to

such order, the appellant/writ respondent has filed the instant appeals.

9. We really fail to understand as to how the appellant can be said

to be "an aggrieved party" when it is established on record that the

writ petitioners had though received the award amount but the same

was under protest as has already been noted by us and is duly

established by the documents annexed as Annexures-B series with

the counter affidavit filed by the respondents in the instant appeals.

10. Therefore, in such circumstances, no exception can be taken to

the order passed by the writ Court when it ordered appointment of an

Arbitrator, as these directions are strictly in accordance with the

provisions of Section 8(1)(b) of the Act.

11. It shall be apt to reproduce Section 8 in its entirety which reads

as under:

"8. Principles and method of determining compensation:-

(1) Where any property is requisitioned or acquired under this Act,

there shall be paid compensation the amount of which shall be

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determined in the manner and in accordance with the principles

hereinafter set out, that is to say-

(a)Where the amount of compensation can be fixed by

the agreement, it shall be paid in accordance with such

agreement;

(b) Where no such agreement can be reached, the

Central Government shall appoint as arbitrator a person who

is, or has been, or is qualified for appointment as, a Judge of a

High Court;

(c) the Central Government may, in any, particular case,

nominate a person having expert knowledge as to the nature of

the property requisitioned or acquired to assist the arbitrator,

and where such nomination is made, the person to be

compensated may also nominate an assessor for the same

purposes;

(d) at the commencement of the proceedings before the

arbitrator, the Central Government and the person to be

compensated shall state what in their respective opinions is a

fair amount of compensation;

(e) the arbitrator shall, after hearing the dispute, make

an award determining the amount of compensation which

appears to him to be just and specifying the person or persons

to whom such compensation shall be paid, and in making the

award, he shall have regard to the circumstances of each case

Neutral Citation No. 2025:JHHC:34410-DB

and the provisions of sub-Sections (2) and (3), so far as they

are applicable;

(f) where there is any dispute as to the person or persons

who are entitled to the compensation the arbitrator shall decide

such dispute and if the arbitrator finds that more persons than

one are entitled to compensation, he shall apportion the

amount thereof amongst such persons;

(g) nothing in the Arbitration Act, 1940 (X of 1940)

shall apply to arbitrations under this section.

(2) The amount of compensation payable for the requisitioning of

any property shall, subject to the provisions of sub-sections (2A)

and (2B), consist of--

(a) a recurring payment, in respect of the period of

requisition, of a sum equal to the rent which would have been

payable for the use and occupation of the property, if it had

been taken on lease for that period; and

(b) such sum or sums, if any, as may be found necessary

to compensate the person interested for all or any of the

following matters, namely:--

(i) pecuniary loss due to requisitioning;

(ii) expenses on account of vacating the requisitioned

premises;

(iii) expenses on account of reoccupying the premises

upon release from requisition; and

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(iv) damages (other than normal wear and tear) caused

to the property during the period of requisition,

including the expenses that may have to be incurred for

restoring the property to the condition in which it was at

the time of requisition.

(2A) The recurring payment, referred to in clause (a) of sub-section

(2), in respect of any property shall, unless the property is sooner

released from requisition under section 6 or acquired under section

7, be revised in accordance with the provisions of sub-section

(2B)--

(a) in a case where such property has been subject to

requisition under this Act for the period of five years or a

longer period immediately preceding the commencement of the

Requisitioning and Acquisition of Immovable Property

(Amendment) Act, 1975--

(i) first with effect from the date of such commencement,

and

(ii) secondly with effect from the expiry of five years,

and thirdly with effect from the expiry of ten years, from

such commencement;

(b) in a case where such property has been subject to

requisition under this Act immediately before such

commencement for a period shorter than five years and the

maximum period within which such property shall, in

accordance with the provisions of sub-section (1A) of section 6,

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be released from requisition or acquired, extends beyond five

years from such commencement,--

(i) first with effect from the date of expiry of five

years from the date on which possession of such

property has been surrendered or delivered to, or taken

by, the competent authority under section 4, and

(ii) secondly with effect from the date of expiry of

five years, and thirdly with effect from the date of expiry

of ten years, from the date on which the revision made

under sub-clause (i) takes effect;

(c) in any other case,--

(i) first with effect from the date of expiry of five

years from the date on which possession of such

property has been surrendered or delivered to, or taken

by, the competent authority under section 4, and

(ii) secondly with effect from the date of expiry of

five years, and thirdly with effect from the date of expiry

of ten years, from the date on which the revision under

sub-clause (i) takes effect.

(2B) The recurring payment in respect of any property shall be

revised by re-determining such payment in the manner and in

accordance with the principles set out in sub-section (1), read with

clause (a) of sub-section (2), as if such property had been

requisitioned under this Act on the date with effect from which the

revision has to be made under sub-section (2A).

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(3) The compensation payable for the acquisition of any property

under section 7 shall be the price which the requisitioned property

would have fetched in the open market, if it had remained in the

same condition as it was at the time of requisitioning and been sold

on the date of acquisition."

12. Once it is established on record that the property has been

acquired, the amount of compensation has been determined and the

same has been received under protest, then the Central Government

is required to appoint an Arbitrator in terms of Section 8(1)(b) of the

Act.

13. Thus, we find no merit in these appeals and the same are