NIRMALENDU ROY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. P.A.S. Pati, the learned counsel appearing for the appellants and Mr. Gautam Kumar, the learned SC (Mines)-I appearing on behalf of the respondent-State.

(2.) The appellants have preferred this First Appeal for setting aside the impugned Award passed in L.A. Case No.238(240)/88 dated 26.07.2012 passed by Civil Judge (Sr. Div.)-II, Seraikella Kharswan.

(3.) The appellants have received a notice under section 12 of the Land Acquisition Act intimating them that a sum of Rs.86,477.21 paise has been awarded as compensation for the lands belonging to them. In view of the matter as the appellants were not satisfied with the award in question, they raised a dispute before the competent authority under section 18 of the Land Acquisition Act and the said dispute was referred to the competent court and registered as L.A.Case No.238(240)/88. The said Reference was sent by the District Land Acquisition Officer on 12.10.1988 for final disposal of Award No.12 under section 11 of the Land Acquisition Act with regard to the land situated at Mauza Chaulibasa, Thana Chandil No.170, District Seraikella Kharswan. The notice under section 4 of the Land Acquisition Act was issued on 17.01.1987 and a declaration under section 6 of the Land Acquisition Act in respect of such acquisition was published on 16.11.1987 and the appellants were served with a notice under section 9 of the said Act for filing objection by 25.02.1988. Under section 6 of the Land Acquisition Act, the following lands of the appellants were proposed to be acquired: