CENTRAL COALFIELDS LIMITED Vs. MOST CHARKI DEVI

JUDGEMENT

(1.) These batch of appeals under Section 54 of the Land Acquisition Act, arise out of a common judgment passed in L.R. Case No. 58 of 1993 and analogous cases, arising out of L.A. Case No. 8 of 1986-87, by which the learned Sub-Judge-II-cum-Special Judge, Land Acquisition, Hazaribagh, has assessed and fixed the compensation @ Rs. 2889/- per decimal, at a flat rate for the entire land acquired.

(2.) 48.70 acres of land in the village Sirka, PS-Mandu, District-Hazaribagh (now Ramgarh), was acquired for the purpose of the Central Coalfields Limited. The Notification under Section 4 of the Land Acquisition Act was published on 04.01.1989. A corrigendum thereafter was published on 16.01.1990. After completing all the formalities, award was prepared in favour of each of the land losers fixing the rate of compensation. The land losers objected to the rates. Due to the objection, a reference was made under Section 18 of the Land Acquisition Act, which was heard by the Sub-Judge-II-cum-Special Judge, Land Acquisition. The claimants claim that the entire lands are homestead land and are situated just besides the Pucca road which runs from Ramgarh to Ranchi. The lands are situated between Argadda and Ramgarh market. There are several collieries such as Sirka, Argadd, Giddi and Bhurkunda nearby the acquired land. They claim that the market is just beside the land so acquired. They claim that there are several factories in the vicinity and there exists Cinema Hall, Hospital, Railway Station, Schools etc. The claimants claim that due to industrialization the area has got commercial potentiality and the market value of the land is about 10,000/- per decimal. They claim higher compensation and submitted that the rate of compensation, fixed by the Collector, is very low.

(3.) Opposite party no. 2, i.e. the Central Coalfields Limited on impleadment appeared, filed their written statement and contested the claim. They submitted that the land is barren. In their written statement they claim that the distance of the land from Naisaray and Ramgarh is about 20-25 kilometers. Giddi colliery is also about 8 kilometer away from the acquired land. There is no market in the vicinity. They admitted that the colonies have developed around the acquired land and those were developed by the Central Coalfields Limited for the welfare of the employees. They admit existence of factories in nearby areas, but claimed that they are about 10-15 kilometers away. They deny the existence of Hospital, Cinema Hall, School etc. around the acquired land. It is admitted that infrastructural development has taken place besides the acquired land and there is existence of electricity, water supply etc., but they are for the residences of their employees and has been provided by the Central Coalfields Limited and these facilities are not general as claimed by the claimants. Their claim is that the rate so fixed is correct and needs no interference or enhancement.