JHARKHAND HIGH COURT ISSUES ORDER ON UNION OF INDIA V/S SITARAM SAHU AND ANR.

RANCHI, India, Aug. 5 -- Jharkhand High Court issued the following order on July 4:

1. This First Appeal has been filed against the Judgment dated 30.11.2015 passed by learned AJC-I Cum P.O.-Tribunal under CB Act, Ranchi in Reference Case No.13 of 2001 whereby the learned Tribunal has allowed the application filed by the respondents under Section 17(2) of the Coal Bearing Areas (Acquisition and Development) Act, 1957 and enhanced the rate of compensation to Rs.1,000/- per decimal and directed the appellant to pay the same along with interest at the rate of 5% per annum.

2. The present appeal arises out of Reference Case No.13 of 2001. The matter arises out of acquisition of land by the appellant- CCL of the total area 12.02 acres. The notification under Section 9 of Coal Bearing Areas (Acquisition and Development) Act, 1957 (hereinafter referred to as "Coal Bearing Act") was issued on 29.12.1976.

3. As per the petition filed by Sitaram Sahu, son of Basu Sahu and Satyanarayan Prasad Gupta, son of Kanchan Prasad Sahu before the learned Tribunal, Ranchi under Section 17(2) of Coal Bearing Act, the two claimants have stated that the land of 12.02 acres was acquired jointly in the name of Ram Chander Sahu and Laldeo Sahu and the claimants are the descendants of Late Laldeo Sahu. Consequently, they were concerned only with 6.01 acres of land which was half share of the total acquired land.

4. It was the case of the claimants that the appellant i.e. CCL had fixed the compensation at Rs.21,431/- for the land to the extent of 6.01 acres which was paid to them vide two cheques dated 23.03.2001 and 30.04.2001. Thereafter, within a short time, they filed the petition under Section 17(2) of the Coal Bearing Act on 30.05.2001. It was their case that the CCL offered very low compensation and the compensation was not in accordance with the market rate of the property. As per the claimants, the market value should have been Rs.15 lakhs as the property is situated in industrial belt such as North Karnpura Coalfields. It was also their case that similar acquisitions have been done in the vicinity for Tuwang Colliery, Bachra Colliery and Piparwar project wherein the Courts have fixed compensation @ Rs.90,000/- to Rs.1 lakh per acre. It was their further case that in terms of the circular dated 12.05.1989, the claimants are also entitled to receive solatium and higher rate of interest. The petition was filed seeking enhancement of compensation and also for payment of solatium @ 30% and higher rate of interest @ 15% from the date of acquisition of land.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=7yg5D%2FmJmLJFbv9l4Wl3vV6kJD%2B%2FNm4%2FUtAma9m8GEcQAzNqEDSMlNSzWcAsoItc&caseno=FA/140/2016&cCode=1&cino=JHHC010240692016&state_code=7&appFlag=)



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