Allowed

Tisco v. Jodhan Sao And Ors.

Jharkhand HC3 Apr 2019FA/57/2006

Case brief

AI extract

What is this about?

The High Court of Jharkhand disposed of a first appeal arising from a land reference case by accepting a joint compromise petition. The appellant agreed to pay 60% of accrued interest, and respondents waived claims thereafter. Directions were issued to record the compromise terms in the final award.

What did the court decide?

The first appeal was disposed of in terms of the compromise petition recorded in an intermediate application, incorporating the agreed interest settlement into the award.

Tisco Vs Jodhan Sao And Ors. — Land Acquisition | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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F.A. No.57 of 2006

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With

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I.A. No.3139 of 2019

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

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… … Opposite party / Appellant

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Versus

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Jodhan Sao

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Prayag Sao Both sons of Late Tilak Sao

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Gopal Sao

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Nakul Sao

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Chetlal Sao

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All sons of Late Pyari Sao.

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(a) Dulari Devi, Widow of Balkishun Sao

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(b) Sanjay Kumar S/o Balkishun Sao

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(d) Durga Prasad S/o Gobardhan Sao

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(e) Raghunandan Prasad S/o Gobardhan Sao

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(f) Nitesh Prasad S/o Gobardhan Sao

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(g) Ramni Devi W/o Prayag Sao

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All R/o Vill – Baruguttu, P.O. + P.S. Mandu, District – Ramgarh.

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Mohan Sao, S/o Late Bodhan Sao

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(a) Sumitra Devi, Widow of Fagu Sao (b) Sita Ram Sao, S/o Fagu Sao

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(d) Lalita Devi, D/o Fagu Sao

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(e) Jhunariya Devi, D/o Fagu Sao

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All resident of Village – Barugutu, P.O. and P.S. – Mandu, District – Hazaribagh.

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…. Applicants/Respondent/First Party

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The Deputy Commissioner, Hazaribagh,

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… … Opposite party/ Respondents

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---

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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 --15/03.04.2019 Counsel for the parties are present.

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2. This first appeal is directed against the judgment dated

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19.12.2005 and award dated 05.01.2006 passed by Sub Judge – II,

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Hazaribagh under Section 18 of the Land Acquisition Act in Land Reference Case No.604/91 arising out of L.A. Case No.17/88-89.

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3. A joint compromise petition has been filed on behalf of the appellant and 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, 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

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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/

Tisco v. Jodhan Sao And Ors.

Case brief

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Tisco v. Jodhan Sao And Ors.

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