LAWS(JHAR)-2012-11-4

BHARAT COKING COAL LIMITED Vs. SHASHI MAHTO

Decided On November 01, 2012
BHARAT COKING COAL LIMITED Appellant
V/S
Shashi Mahto Respondents

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) This batch of appeals arises out of the common judgment dated 21.5.1990 passed by the Land Acquisition Judge, Dhanbad in Land Acquisition Reference Case Nos. 10/1990 to 30/1990.

(3.) Learned counsel for the appellants submitted that the learned court below has failed to appreciate the documentary evidence as well as oral evidence produced on record in arriving at assessment of value of land in question. It is further submitted that the amount awarded by the Land Acquisition Judge is highly excessive and contrary to the documentary evidence as well as oral evidence on record. Learned counsel for the appellants further submitted that the learned court below has failed to take into consideration Exhibit A, the rate report filed on behalf of the State and the Exhibit B, the sale deed filed by the appellants. It is further submitted that the learned court below has committed a serious error of law in coming to the conclusion that the rate report is not admissible in law. Learned counsel for the appellant further submitted that the learned court below has failed to take into consideration that merely because the sale deed in support of the rate report was not filed, the rate report cannot be admissible in law. It is also submitted that the learned court below committed a serious error of law even after coming to the conclusion that the rate report was not admissible has relied on the said report. It is also submitted that the learned court below has wrongly allowed the interest and misinterpreted the provisions of the amendment Act of 1984 and therefore, the judgment and award passed by the learned Land Acquisition Judge, Dhanbad, deserves to be set aside.