UNION OF INDIA Vs. KASHINATH MAHTO

JUDGEMENT

(1.) All the aforementioned appeals have arisen out of a common judgment dated 5-2-1996 and the award dated 16-2-1996 passed by the First Additional Judicial Commissioner-cum-Tribunal constituted under the Coal Bearing Areas (Acquisition and Development) Act, 1957 (for short 'the said Act') passed in Reference Cases Nos. 47, 48, 49, 54, 55, 56, 57, 58, 59, 60, 61, 62 and 63 of 1990, whereby and whereunder the Tribunal on reference enhanced the amount of compensation payable to the claimants-respondents for the land acquired under the provisions of the said Act. Since common question of law and facts are involved in all these appeals, the same have been heard together and are being disposed of by this common judgment.

(2.) The facts relevant for the purpose of these cases are that the Central Government in exercise of power conferred by sub-section (1) of Section 4 of the Act issued a notification dated 8-4-1978 of its intention to prospect for coal in the lands of village Kichto, P. S. Barkagaon, District Hazaribagh. Thereafter notification under Section 7(1) of the said Act for the acquisition of the aforesaid lands was made on 27-3-1980 and declaration under Section 8 was issued on 17-2-1982. After the said declaration compensation was determined under Section 13 of the said Act for the acquired lands to be paid to the interested persons, namely, the claimants-respondents. The claimants, however, received compensation under protest as to the sufficiency of the amount and filed petitions before the said authority claiming higher compensation. The matter was ultimately referred to the Tribunal for determination of compensation. It appears from the award of the competent authority that the lands acquired by the said authority comprises three categories, namely, Paddy, II, Tarn I and Tarn II lands and the authority under the act determined compensa-tion at the rate of Rs. 7,668/- per acre for paddy II land, Rs. 12,300/- per acre for Tarn I land and Rs. 769/- per acre for Tarn II land and the authority also awarded additional compensation at the rate of 30% of the compensation amount and the interest at the rate of 9% per annum for the first year and 15% per annum for the subsequent years.

(3.) The claimant-respondents appeared before the Tribunal and pleaded for enhancement of compensation. Both the parties adduced evidence both oral and documentary before the Tribunal. The Tribunal after considering the facts and evidence passed the impugned judgment and enhanced compensation.The Tribunal came to the conclusion that the market rate of the acquired land prevailing at the time of acquisition was Rs. 90,000/- per acre which would be fair and reasonable compensation. The Tribunal, accordingly, awarded compensation at a flat rate of Rs. 90,000/- per acre subject to deduction of 20% of the said amount on account of development expenses. In addition to the above, the Tribunal also awarded additional compensation at the rate of 12% of the market value of the acquired land for the period on the date of publication of notification under Section 4(1) of the said Act till the date of award and 30% solatium on the amount of compensation. The Tribunal further upheld the award of interest so determined by the authority. Hence this appeal.