UNION OF INDIA Vs. SITARAM SAHU

JUDGEMENT

(1.) This First Appeal has been filed against the Judgment dtd. 30/11/2015 passed by learned AJC-I Cum P.O.-Tribunal under CB Act, Ranchi in Reference Case No.13 of 2001 whereby the learned Tribunal has allowed the application filed by the respondents under Sec. 17(2) of the Coal Bearing Areas (Acquisition and Development) Act, 1957 and enhanced the rate of compensation to Rs.1,000.00 per decimal and directed the appellant to pay the same along with interest at the rate of 5% per annum.

(2.) The present appeal arises out of Reference Case No.13 of 2001. The matter arises out of acquisition of land by the appellant- CCL of the total area 12.02 acres. The notification under Sec. 9 of Coal Bearing Areas (Acquisition and Development) Act, 1957 (hereinafter referred to as "Coal Bearing Act") was issued on 29/12/1976.

(3.) As per the petition filed by Sitaram Sahu, son of Basu Sahu and Satyanarayan Prasad Gupta, son of Kanchan Prasad Sahu before the learned Tribunal, Ranchi under Sec. 17(2) of Coal Bearing Act, the two claimants have stated that the land of 12.02 acres was acquired jointly in the name of Ram Chander Sahu and Laldeo Sahu and the claimants are the descendants of Late Laldeo Sahu. Consequently, they were concerned only with 6.01 acres of land which was half share of the total acquired land.