Allowed

Tisco,West Bokaro Colliery v. Mahadeo Agaria And Ors.

Jharkhand HC10 Apr 2019FA/60/2006

Case brief

AI extract

What is this about?

The High Court of Jharkhand disposed of a first appeal against a land acquisition award based on a joint compromise petition. The appellant agreed to pay 60% of accrued interest while respondents waived the balance; the court treated the compromise terms as part of the award.

What did the court decide?

The first appeal was disposed of in terms of the compromise petition; the court directed the office to prepare an award incorporating the terms of the settlement.

Tisco,West Bokaro Colliery Vs Mahadeo Agaria 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. 60 of 2006 With I.A. No. 3312 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 Versus 1(a) Rudni Devi

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1(b) Jirwa Devi

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1(c) Geeta Devi

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1(d) Rita Devi

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1 (e) Mohar Agariya

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(a) Dhaneshwar Agariya – Adult son

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(i) Jethni Devi – widow

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(ii) Pintu Agariya – adult son

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Fulki Devi, wife of Late Jagdish Agaria

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Ramesh Agaria, son of not known

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6.(a) Vijay Kumar Agaria adult son of Pano Devi

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6.(b) Anita Devi w/o Daso Agariya married daughter of Pano Devi

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Both resident of village-Baruguttu, P.O. and P.S. Mandu, District… Ramgarh … Applicants/Respondents/First Party

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The Deputy Commissioner, Hazaribagh

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… … Opp. Party/Respondents/Second Party

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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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--For the Appellant : Mr. Rajiv Ranjan, Senior Advocate : Mr. Pratyush Kumar, Advocate : Mr. Ganesh Pathak, Advocate For the Respondents : Mr. Satish Prasad, Advocate : Mr. A.K. Rashidi, Advocate : Mr. Arbind Kr. Sinha, Advocate : Mr. Satyadeo Kumar, Advocate ---

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17/10.04.2019

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Counsel for the parties are present.

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2. This first appeal is directed against the judgment dated 19.12.2005 and award dated 05.01.2006 passed by Sub Judge – II, Hazaribag under Section 18 of the Land Acquisition Act in Land Reference Case No.599/91 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 the private respondents.

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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 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

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appellant voluntarily and willingly has agreed to deposit the above 60

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% 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,West Bokaro Colliery v. Mahadeo Agaria And Ors.

Case brief

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Tisco,West Bokaro Colliery v. Mahadeo Agaria And Ors.

Case brief

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