UNION OF INDIA Vs. RAMESH TURI

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal has been filed invoking jurisdiction of this court under Sec. 20 of the Coal Bearing Areas (AcquisitionDevelopment) Act, 1957 (hereinafter to be referred to as 'Act' in short) by the Union of India through Central Coal Fields Limited, Darbhanga House, Ranchi, being aggrieved by the common judgment along with other reference cases dated 01.03.1995 and award dated 13.03.1995 passed by the First Additional Judicial Commissioner-cum-Tribunal constituted under the Act at Ranchi in Reference Case No.5 of 1994.

(3.) The brief facts of the case is that in exercise of the power conferred under Sub-section 1 of Sec. 4 of the Act, Central Government issued notification dated 101.1981 under Sec. 4 of the Act, which was published in the Gazette on 28.02.1981. The Reference Case No.5 of 1994 has arisen out of the petition for the claim of compensation filed by the claimant under Sec. 17 (2) of the said Act. The claimant whose land has been acquired under the said Act has received compensation under protest and has filed the petition for payment of higher compensation than that paid by the opposite party-respondent in respect of acquisition of land of village Paraj, bearing Khata no.15 plot nos.244/245/246/249 and 252 in total of area 0.695 acres. Acquisition of land of village Paraj and other adjoining villages was made by the appellant. Notification under Sec. 7 of the Act dated 28.04.1992 in this respect was published in the official Gazette on 15.05.1982 and the notification under Sec. 9 of the said Act dated 109.1983 in this respect was published in the official Gazette on 01.10.1983 and total compensation amount of Rs. 62,639.07.00 was awarded to the claimant-Sukra Turi. The compensation was calculated at the following rates: