UNION OF INDIA Vs. HARI MAHTO

JUDGEMENT

(1.) THESE appeals under Clause 10 of the Letters Patent arose out of Judgments dated 31.3.1995, whereby a batch of 30 appeals filed by the Union of India through Central Coalfields Limited. Ranchi have been disposed of. The appellant Union of India has filed a batch of 30 appeals Under Section 20 of the Coal Bearing Area (Acquisition and Development) Act, 1957 challenging the judgment of 1st Additional Judicial Com -missioner -cum -Tribunal, Ranchi in Reference Case Nos. 57 to 88 of 1989.

(2.) BY the impugned judgment, the learned Single Judge allowed the appeals in part and reduced the rate of compensation in respect of the lands acquired under the said Act. The Claimants whose lands have been acquired being aggrieved by the judgment passed by the learned Single Judge, have also filed L.P.A. Nos. 182 to 220 of 1995(R) while the appellant Union of India has filed L.P.A. Nos. 139 to 168 of 1995(R) against that part of the Judgment, whereby the learned Single Judge affirmed the award of interest and solatium besides compensation.

(3.) THE reference cases were contested by the appellant -Union of India through the Central Coalfields Limited on the ground inter alia that the compensation assessed by the competent authority was quite reasonable. The Additional Judicial Commissioner -cum -Tribunal passed the judgment and Award dated 3.9.92 enhancing the amount of compensation at the flat rate of Rs. 1,20,000/ - -per acre irrespective of their classification. The valuation of the trees standing on the land in question was assessed and enhanced by three times to the rate fixed by the competent authority under the Act. The Tribunal further held that the claimants are entitled to solatium of 30% and interest at the rate of 9% per annum for the first year and at the rate of 15% per annum for the subsequent years upto the date of payment. Aggrieved by the said judgment of the Tribunal, the appellant - Union of India preferred all the 30 appeals being First Appeals Nos. 18 to 47 of 1993(R).