Central Coalfields Ltd Thr Its vs 1A Naresh Manjhi 1B Ramesh Manjhi 1C Mani ... on 12 January, 2015

[Cites 1, Cited by 2]

Jharkhand High Court

Central Coalfields Ltd Thr Its vs 1A Naresh Manjhi 1B Ramesh Manjhi 1C Mani ... on 12 January, 2015

Bench: P.P. Bhatt

            IN THE HIGH CORT OF JHARKHAND, RANCHI

                              F.A.No. 147of 2008

       Central Coalfields Ltd through its General Manager(L&R)
       Ramodarsh Sah working for gain at CCL Darbhanga House
       P.O.Ranchi P.S Kotwali Dist Ranchi......         ...... Appellant

                                --     Versus   --

       1(a)Naresh Manjhi all S/O Dhera Manji
        (b)Ramesh Manjhi
        (c)Mani Lal Manjhi
        (d)Santosh Manjhi
        (e)Basanti Kumari} D/O Panpati Devi
       2.   Babuna Manjhi S/O Kartik Majhi
       3.   Banshi Manjhi S/OBudhan Majhi
       4.   Mahadeo Manjhi S/0LateSohar @ Baijnath Manji
       5.   Ramchandra ManjhiS/)Baltu Manji
       6.   Ramu Manjhi S/0 of Baltu Majhi
       7.   Chunu Manjhi S/0 Baltu Majhi
       8.    (i) Lalee ManjhiS/0 Rajo Manji Security guard
               Kuju CollieryPO Kuju PSManu Dist Ramgarh
             (ii)Barki DeviD/0 Rajo Manji R/o Bandra Chua PO Kuju
              Colliery P.S.Mandu Dist Ramgarh
       9.   Deputy Commissioner, Hazaribagh

                                     ..........   Respondents

                CORAM :- HON'BLE MR. JUSTICE P.P. BHATT                      .

            For the appellants  :- Mr.A.K.Das Advocate.
            For the Respondents : - Mr.A.K.Sahani Advocate



12/ 12.1.2015

The present appeal is filed under section 54 of the Land Acquisition Act being aggrieved and dissatisfied with the judgment dated 22.4.2008 and award dated 7.5.2008 passed by the learned Sub-Judge-II-cum- Land Acquisition Judge, Hazaribgh in L.R Case No. 98 of 1993 and L.A Case No. 21 of 1985-86 whereby the learned court below has determined the rate of compensation @ Rs.4,000/- per decimal besides solecism interest with other benefits.

                              The     present appeal is filed on      various
       grounds as    enumerated in the memo of appeal which requires
       consideration.
                              The    learned    counsel   appearing   for   the

appellant as well as respondents pointed out that in similar First Appeals No. F.A No. 8 of 2008 and 51 of 2008 to 53 of 2008, while admitting the same, the court has passed an interim order and thereby directed the appellants to deposit the enhanced awarded amount with a condition to release 35% of awarded amount in favour of the original claimants( respondents herein).

Having regard to the above submissions made by the learned counsel for the parties, this appeal, being a first appeal, is admitted for hearing on the condition that the appellant shall deposit the awarded amount before this Court within a period of eight weeks from the date of this order. The Registrar General of this Court shall take appropriate steps for making fixed deposit in a Nationalized Bank initially for a period of five years. If the said Appeal not finally heard and disposed of within a period of five years, the appellant as well as the respondents shall jointly request the court for further renewal of the said deposit. So far as original amount awarded by the Land Acquisition Officer is concerned,it is pointed out that the same has been paid. So far as enhanced awarded amount is concerned, the same shall be required to be deposited before the Registrar General of this Court and out of said amount,35% be released in favour of the original claimants(respondents herein) after due and proper verification and on furnishing personal bond to the satisfaction of the court below. So far as remaining 65% deposited amount is concerned, the same shall be deposited in a nationalized Bank as directed above.

L.C.R be called for.

(P.P. BHATT, J.) SD

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