Jharkhand High Court
Shankar Karmali (Aged About 40 Years) ... vs Deputy Commissioner on 31 October, 2025
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
( 2025:JHHC:32816 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
First Appeal No. 171 of 2018
1. Shankar Karmali (aged about 40 years) S/o Late Jodhra Karmali
2. Motilal Karmali (aged about 37 years) (deleted vide order
dated 10.10.2025)
2(a) Sajan Karmali (aged about 20 years)
2(b) Vivek Karmali (aged about 18 years)
Both sons of Lali Motilal Karmali (corrected v.o.d. 10.10.25)
3. Sawna Karmali (aged about 30 years)
4. Rawna Karmali @ Ram Briksh Karmali (aged about 27 years)
5. Ramcharan Karmali (aged about 26 years)
6. Ramlakhan Karmali (aged about 24 years)
7. Birijlal Karmali (aged about 20 years)
3 To 7 S/o Kailash Karmali
All residents of village-Kadru, P.S. Patratu, P.O. Barkakana, Dist.
Ramgarh ... ... Appellant(s)/ Applicant (s)
Versus
1.Deputy Commissioner, Hazaribagh now Ramgarh, P.O.+ P.S.-
Ramgarh, Dist. Ramgarh
2. The Deputy Chief Engineer (Const.) East Central Railway P.O.
Barkakana, P.S. Patratu, Dist. Ramgarh ... Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Appellants : Mr. Mitul Kumar, Advocate
: Mr. S.K. Dey, Advocate
For the Railway : Mr. Sunil Kumar, Advocate
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07/31.10.2025 Learned counsel for the parties are present.
2. This appeal has been filed against the judgment and Award
dated 12.12.2017 (Award sealed and signed on 22.12.2017) passed by
Sr. Civil Judge-II-cum- Special Judge, L.R. Cases, Ramgarh in L.R.
Case No. 83/12 heard and decided analogous with L.R. Case No. 72 to
100/12, 240/12 and 241/12 arising out of L.A. Case No. 20/2004-05
by which the learned Special L.A. Judge has awarded less
compensation , that is , @ Rs. 3,000/- per decimal for all classes of
land to the appellants. The appellants/awardees have preferred this
appeal for enhancement of compensation, that is, @ Rs. 8,000/- per
decimal for all classes of land with respect to their acquired land.
3. The learned counsel for the appellants has submitted that the
present case is covered by the judgment passed by this court in F.A.
No. 176 of 2018 and thereafter same judgment has also been followed
( 2025:JHHC:32816 )
in F.A. No. 164 of 2018. He submits that the impugned judgment in
the cases is the same, which is a common judgment.
4. The learned counsel for the respondents has submitted that this
case be also disposed of in the same terms as passed in F.A. No. 176
of 2018 and thereafter same judgment has also been followed in F.A.
No. 164 of 2018. He has also submitted that no formal admission is
required in this case as the case is fully covered.
5. The learned counsels for the parties have jointly submitted
that arising out of the same impugned judgment passed by 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 First Appeal No. 176 of 2018 and other analogous
cases vide judgment dated 25.03.2025. The said judgment has been
followed in the judgment passed in F.A. No. 164 of 2018 decided on
02.05.2025. The learned counsels have jointly submitted that this
appeal is also squarely covered by the judgment passed by this court
and this appeal be also disposed of in the said terms. The operative
portion of the judgment passed in F.A. No. 176 of 2018 and other
analogous cases is as under: -
" 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: -
( 2025:JHHC:32816 )
"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."
6. After hearing the learned counsel for the parties this appeal is
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.
7. Accordingly, this appeal is 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.
8. There shall be no order as to cost.
9. Office is to prepare decree accordingly.
10. Pending I.A., if any, is closed.
11. 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.)
Dated: 31/10/2025
Binit
Uploaded on 01/11/2025
