MOST.KUSUM SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By Court - These group of First appeals have been preferred, being aggrieved and dissatisfied with the judgment and award dated 19.01.1989, passed by the learned court of Land Acquisition Judge -cum -Special Sub -Judge, Ranchi in L.A. Case No. 91 of 1980, whereby the Land Acquisition cases of the appellants/applicants has been rejected on the ground that all these cases are hit by the proviso of Section 31 (2) of the Land Acquisition Act, 1894.

(2.) HEARD the learned counsel for the appellants as well as the learned counsel for the Respondents.

(3.) THE learned senior counsel appearing for the appellants submitted that the learned court below has failed to appreciate the evidence on record and more particularly the evidence which was marked as Exhibits 7 to 7/Z -20 i.e. forwarding letters indicating that the claimants have received the amount with protest. The learned senior counsel for the appellants further submitted that the court below has discussed about the documentary evidence on record in paragraph 10 of the judgment, wherein, the court below has also taken note of these exhibits. However, while recording the findings, the court below rejected the claim of the appellants/applicants mainly on the ground that the cases are hit by the proviso of Section 31 (2) of the Land Acquisition Act, 1894. The learned senior counsel for the appellants/applicants further submitted that so far as the merit of the claim put forward by the claimants is concerned, the relevant documentary evidence is discussed in paragraph 8 of the judgment. But after discussing the merit of the claim, the court below mainly on the ground of proviso of Section 31 (2) of the Land Acquisition Act, 1894 rejected the claim of the appellants -applicants. By referring Section 18 and the proviso of Section 31 (2) of the Land Acquisition Act, 1894 pointed out that the case of the appellants/applicants falls under the proviso of Section 31 (2) of the Land Acquisition Act, 1894, as the present appellants/applicants have specifically registered their protest while accepting the compensation. In this regard, the learned counsel for the appellants/applicants has drawn attention of this Court to the discussions made in Paragraph 10 of the judgment itself, wherein, the documents marked as Exhibits 7 to 7/Z -20 i.e. the forwarding letters indicating that the claimants have received the amount with protest.