Disposed

West Bokaro Colliery, Tisco v. Rathwa Ganjhu And Ors.

Jharkhand HC3 Apr 2019FA/116/2006

Case brief

AI extract

What is this about?

This appeal against a land award was disposed of based on a joint compromise petition where the appellant agreed to pay 60% of the accrued interest, and the respondents agreed to waive claims for the remaining 40% post-deposit.

What did the court decide?

Appellant to pay 60% of total interest accrued; respondents to waive further claims on interest after deposit date. Joint compromise treated as part of award.

West Bokaro Colliery, Tisco Vs Rathwa Ganjhu And Ors. — Jharkhand HC (2019) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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F.A. No.116 of 2006 With

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I.A. No.3141 of 2019

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West Bokaro Colliery, Tisco, Now Tata Steel Ltd. At & P.O. – Ghatotand, P.S. – Mandu, District – Hazaribag.

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… … Opposite party / Appellant Versus

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(a) Komal Ganjhu

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(b) Charka Ganjhu

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Nandlal Ganjhu

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Ramchandar Ganjhu Sl. No.-2 & 3 sons of Pathwa Ganjhu

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Aghni Devi, W/o Hemlal Ganjhu

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(a) Most. Dahni Devi – widow

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(b) Dugan Ganjhu – Adult son

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(a) Mutri Devi - widow

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(b) Deonandan Bhogta – adult son

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Sita Ram Ganjhu Sl. No.-5 to 7 are sons of Late Ganduri Ganjhu.

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(a) Gangiya Devi (Widow) of Late Ram Kumar Ganjhu (b) Ashok Ganjhu, son of late Ram Kumar Ganjhu Both residents of village – Banjhi, P.O. & P.S. Mandu, Mandu, District - Ramgarh

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Bilaso Devi, widow of Churaman Ganjhu, daughter-in-law of Late Rati Ganjhu. (Deleted vide order dated 29.08.2018)

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10.Jatha Ganjhu (Deleted vide order dated 29.08.2018)

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11.Inder Ganjhu

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Sl. No. – 10 & 11 sons of Late Rati Ganjhu

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12.Chutar Ganjhu, S/o Late Jagarnath Ganjhu.

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13.Rameshwar Ganjhu, S/o Late Kisun Ganjhu

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14.(a) Jodhan Ganjhu, Son of Late Karinath Ganjhu

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(b) Hari Ganjhu, Son of Late Karinath Ganjhu. Both residents of village – Banjhi, P.O. & P.S. Mandu, Mandu, District - Ramgarh

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15.Kailash Ganjhu, S/o Late Khusi Ganjhu

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16.Patwa Devi, W/o Bishu Ganjhu and daughter – in – law of Khusi Ganjhu

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(a) Pradeep Ganjhu, son of late Puran Ganjhu (b) Jitendra Kumar, Son of Late Puran Ganjhu Both residents of village – Banjhi, P.O. & P.S. Mandu, Mandu, District - Ramgarh

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18.Sukar Ganjhu

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Sl. No. 18 sons of Late Prayag Ganjhu and grandsons of Late Khusi Ganjhu

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All are resident of Village – Banji, P.O. & P.S. – Mandu, District – Hazaribagh.

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… Applicants/Respondents /First Party

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19.The State of Jharkhand through Deputy Commissioner, Hazaribagh.

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…. … Opposite party / Respondent / Second Party

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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Appellant : Mr. Rajeev Ranjan, Senior Advocate : Mr. Pratyush Kumar, Advocate : Mr. Ganesh Pathak, Advocate For the Respondents : Mr. Arbind Kumar Sinha, Advocate : Mr. Satish Prasad, Advocate : Mr. Satyadeo Kumar, Advocate

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17/03.04.2019 Counsel for the parties are present.

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2. This first appeal is directed against the judgment dated 23.03.2006 and award dated 24.04.2006 passed by Sub Judge – II, Hazaribagh under Section 18 of the Land Acquisition Act in Land Reference Case No.509/1992 arising out of L.A. Case No.51/80-81/ L.A. Case No.19-88-89.

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3. A joint compromise petition has been filed on behalf of the appellant and the private respondents. 4. Counsel for the parties submit that they have entered into out of Court settlement and accordingly a joint compromise petition has been filed in this case and the terms of compromise has been recorded in para – 4 and 5 of the Interlocutory application. The counsels jointly pray that this matter may be disposed of in terms of the compromise and office be directed to prepare an award accordingly.

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5. Considering the submission made, and after going through the compromise petition filed by the parties, this case is disposed of in terms of the compromise whose terms have been, inter-alia , mentioned in para – 4 and 5 of the Interlocutory application which are quoted herein below for ready reference:

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“4. That, thus, instant joint compromise petition is being filed wherein the claimants/respondents have willingly, voluntarily,

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unconditionally and unequivocally agreed to walve off and thereby give up the 40% of the interest amount accruing from the date of award i.e., 20.12.2005 till the date of its deposit i.e., 10.07.2012 before the Ld. Executing Court. As per compromise the appellant has no any objection in releasing the award money including occurred interest which has been deposited by appellant in the Ld. Executing Court as per order of the Hon’ble Court.

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5. That the appellant willingly has agreed to pay to the respondents/claimants 60 % (sixty) percent of total interest occurred from the date of award to the date of deposit. The claimants/respondents have willingly, voluntarily, unconditionally and unequivocally agreed to and thus have waived off and thus would not lay any claim on any interest amount after the aforesaid date of deposit of the awarded amount before the Ld. Executing Court. The claimants/respondents hereby confirm to be fully satisfied with the settlement amount and have no further claim, demand and/or grievance of any interest award money against the appellant. The appellant voluntarily and willingly has agreed to deposit the above 60 % interest within the month of the order of the Hon’ble Court.”

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6. This First Appeal is disposed of in terms of the aforesaid compromise entered into between the parties and the compromise petition is directed to be treated as a part of the award.

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7. Office is directed to prepare the award accordingly.

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(Anubha Rawat Choudhary, J.)

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Saurav/

West Bokaro Colliery, Tisco v. Rathwa Ganjhu And Ors.

Case brief

What is this about?

What did the court decide?

West Bokaro Colliery, Tisco v. Rathwa Ganjhu And Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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