CMPDI, CENTRAL COALFIELDS LIMITED Vs. BABU LAL MANJHI

JUDGEMENT

(1.) Heard the parties through Video Conferencing.

(2.) This appeal has been preferred by the appellant against the Judgment and award dated 02.12.2008 passed by the learned SubJudge- II, Hazaribag in L.R. Case No.410 of 1992 whereby and whereunder the learned court below has determined the amount of compensation at Rs.2,800/- per decimal to the awardees.

(3.) Mr. Amit Kr. Das- learned counsel for the appellant submits that the sole basis for arriving at the compensation amount by the learned trial court of Rs.2,800/- per decimal is the judgment passed by the trial court in L.R. Case Nos.411 of 1992 to 461 of 1992 which was marked exhibit 1 by the trial court in this case. It is next submitted by Mr. Das that the trial court in para-9 of the impugned judgment has categorically observed that as that court in L.R. Case Nos.411 of 1992 to 461 of 1992 ignoring the classification has assessed the compensation at the rate of Rs.2,800/- per decimal and the land involved in the present reference case being of similar nature, hence, he determined the compensation in respect of the land of this reference at Rs.2,800/- per decimal as was the amount of compensation determined in the said judgment passed by it in L.R. Case Nos.411 of 1992 to 461 of 1992. It is further submitted that apart from the same no other reasoning has been given nor any other material or evidence has been considered by the impugned judgment as to on which basis the compensation of Rs.2,800/- per decimal has been determined. It is next submitted by Mr. Das that a co-ordinate Bench of this Court by the judgment dated 12th June, 2019 in First Appeal No.10 of 2008 has been pleased to set aside the judgment of the trial court passed in L.R. Case Nos.411 of 1992 to 461 of 1992 and remitted the case back to the trial court for deciding each of the cases afresh taking into consideration all the documents which are on record and a further direction has been given to the trial court to try to dispose of the Land Reference Cases within three months from the date of receipt of a copy of the said judgment along with the lower court records after giving full opportunity of hearing to the parties.