Union Of India vs Samuel Toppo And Ors
2025 Latest Caselaw 7013 Jhar

Jharkhand High Court

Union Of India vs Samuel Toppo And Ors on 19 November, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                   F.A. No. 43 of 2018

              Union of India, Ministry of Defence, Defence Estate Officer,
              Danapur, Patna                               ...    ...      Appellant
                                       Versus
              Samuel Toppo and Ors.                 ...        ...      Respondents
                                       ---

CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

---

For the Appellant : Mr. Abhijeet Kumar Singh, CGC : Mr. Parth Jalan, Advocate For the Respondents : Mr. Mr. H.K. Mehta, Advocate : Mr. Vidhan Kr. Singh, Advocate : Mr. Rishav Raj, Advocate : Mrs. Manjusri Patra, Advocate For the State : Mr. Neil Abhijit Toppo, AC to GA-V

---

39/19.11.2025 Learned counsel for the parties are present.

2. Learned counsel for the claimants has submitted that the Union of India has challenged the award primarily on the ground of award of solatium and interest in view of the fact that the acquisition was under

the provision of Requisition and Acquisition of Immovable Property Act, 1952 in which there is no provision for payment of solatium and interest.

3. The learned counsel for the claimants has further submitted that a writ petition being CWJC No. 3784 of 1998(R) was filed seeking appointment of arbitrator which was allowed vide order dated 16.05.2000 in terms of the earlier order dated 26.07.1999 passed in C.W.J.C. No. 2626 of 1998(R). Against the said order passed in CWJC No. 3784 of 1998(R), LPA No. 268 of 2000(R) was also dismissed. He submits that arbitrator was ultimately appointed years after the date of acquisition and therefore, the learned Arbitrator has taken into consideration this aspect of the matter while awarding solatium and interest.

4. Learned counsel for the claimants has relied upon the judgment passed by the Hon'ble Supreme Court in the case of "Union of India Vs. Sanicharwa Lakra and others" in Civil Appeal No. 8287 of 2002 and other analogous cases decided on 20.01.2011 and has submitted that in the said case, there was a delay of 8 years in the appointment of arbitrator and ultimately, the claimants were found entitled to solatium and interest.

5. Learned counsel for the claimants submits that the judgment passed by the Hon'ble Supreme Court in the case of Union of India Vs. Sanicharwa Lakra (Supra) was arising out of the same land acquisition proceeding which is involved in the present case for which the lands were acquired vide notification dated 13.01.1987.

6. Learned counsel for the private respondents has also submitted that the records of M.A. No. 38 of 1994, M.A. No. 39 of 1994 and M.A. No. 132 of 1994 as well as records of LPA No. 330 of 1998(R) and LPA No. 331 of 1998(R) which were dismissed on 19.07.1999, be summoned.

7. Office is directed to place the records of aforesaid Miscellaneous Appeals and LPAs along with the records of this case.

8. Post this case tomorrow i.e., on 20th November 2025.

(Anubha Rawat Choudhary, J.) Pankaj