RANCHI, India, Jan. 24 -- Jharkhand High Court issued the following order on Dec. 23:
1. All these 399 first appeals arise out of the common Award dated 01.08.2014 read with Supplementary Award dated 18.09.2014 passed by the learned Arbitrator in Arbitration Case No.5 of 2013 in connection with requisition and acquisition of the respective lands of the claimants/land losers total measuring 1846.99 acres of land situated in four Villages namely, Sugnu, Lalganj, Khatanga and Gari for military / defence purposes. The Union of India has filed F.A. No.367 of 2018 under Section 11 of the Requisitioning and Acquisition of Immovable Property Act, 1952 (hereinafter referred to as the 'Act of 1952') against enhancement of compensation amounts awarded to the claimants/land losers vide impugned Award / Supplementary Award. The claimants/land losers have filed F.A. No.192 of 2014 and other analogous appeals (total 398 appeals) seeking enhancement of compensation amounts awarded to them vide Award / Supplementary Award.
2. The award has been passed under the provisions of the aforesaid Act of 1952 and the learned arbitrator was appointed pursuant to the order passed by the Hon'ble Supreme Court on 25.09.2012 in Civil Appeal No.7152 of 2012. The learned Arbitrator has enhanced the amount of compensation as assessed by the concerned authority with respect to land.
3. The learned Arbitrator passed the common Award dated 01.08.2014 and Supplementary Award dated 18.09.2014 in Arbitration Case No.5 of 2013 in the following manner: -
a. Appendix-1 to the award is the final list of awards. As per the award, Compensation for the Land (Market Value) at the time of acquisition has been fixed at flat rate for all types of lands for all the four villages @ Rs.41,750/- per acre.
b. The learned Arbitrator has awarded solatium @20% on the balance compensation amount and simple interest @ 9% per annum on the balance compensation amount and the solatium from 01.01.1976 to 31.07.2014 (date of award).
c. Certain omissions and errors were corrected by the supplementary award and it was also clarified that the award is concerned with the claimants/land losers under the 623 awards made by the competent authority as per Appendix-1.
d. Appendix-2 to the Supplementary Award was made as per the substitutions, and the method of calculation.
e. The payment as per Appendix-2 was directed to be made after proper verification and enquiry of the substitution petitions. The Deputy Commissioner, Ranchi (R-2) could also get the calculation in Appendix-2 checked and it was also directed that if any person/legal heir interested in any Award, raised any claim/ objection, R-2 would decide it by a speaking order, after giving opportunity of hearing to the parties. . As per the award/supplementary award, the Respondent authority was directed to issue public notice and ensure payment of the total compensation awarded as per Appendix-2, to the persons found entitled, in the following manner:
(i) The payments will be made by A/C payee cheques.
(ii) The competent authority will take affidavit from the claimants, with their photos affixed thereon, in which the claimants will give details of the person(s) with their bank details, in whose favour payment by cheque is to be made on behalf of all the claimants.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=lG6h6ilt3H1fOBr4DLdM9QlBEbJKMzyzbemhL7jj5W%2BA58Hz4kWVyxx32vLjnZsm&caseno=FA/195/2014&cCode=1&cino=JHHC010157872014&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
