UNION OF INDIA Vs. JAGDISH MANJHI

JUDGEMENT

(1.) ALL these appeals have been preferred against the judgment and award dated 23rd March, 1993, passed by Smt. Rajendra Kumari, the then Additional Judicial Commissioner -cum -Tribunal, Ranchi, constituted under Section 14(2) of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (Act No. 20 of 1957) (hereinafter to be referred to as 'the Act') in Reference Case Nos. 143 of 1988 to 187 of 1988 enhancing the compensation granted on acquisition of lands by the Central Government under Section 9 of the Act vide Notification No. 51 (E), dated 24th January, 1975. Smt. Rajendra Kumari was appointed as Tribunal as contemplated under Section 14(2) of the Act and the references were made by the appellant on behalf of the Central Government for determination regarding the sufficiency of the amount of compensation offered by the Central Government for the lands and houses, trees i.e. zirats acquired under these reference cases. The tribunal passed a consolidated judgment although beneficiaries are different as the points involved were the same. In all these appeals, the respondents are different being in the beneficiaries as per the abovementioned individual reference cases.

(2.) THE lands involved in all the reference cases situated at village Urimani in Urimani block (Balrampur) within Barkakana Area under Police Station Barkakana in the district of Hazaribagh. The acquisition was made under the Act as mentioned above and notice of acquisition under Section 4(i) of the Act was published on 24.8.1968 and the notice under Section 7 of the Act was published on 24.8.1971 and declaration under Section 9 of the Act was made on 24.1.1975. The declaration under Section 9 was made after the expiry of three years from the date of notification under Section 7 of the Act.

(3.) BEFORE the tribunal, both the parties adduced evidence and it was the case of the appellant -Central Coalfields Limited that the compensation has been assessed on the basis of the surveys being made by the authorities concerned i.e., the revenue authorities and on the basis of the assessment made in the Hazaribagh District in Land Acquisition amounts analogies were taken and then as per the classification made in the cadestral survey, rates were fixed per acre or per decimal on ratio basis, although such ratios have not been clarified in the assessment made. It was the further contention of the Central Coalfields Limited that no sale statement could be prepared as is usually done in respect of the land acquisition cases as from the Registry Office, no sale -deed could be found to have been registered in respect of Urimani area and practically that was not available on the ground that the said area is inhabited by the aboriginals and tribals wherein transfer of land to outsiders could be barred under the Chotanagpur Tenancy Act. In that view of the matter, the assessment arrived at was on the consent of the claimants and the same cannot now be questioned. As regards zirats, namely, the trees, houses, wells etc., over the land prices have been fixed as per the statements made by the claimants.