Badhan Bedia Vs State of Jharkhand through Deputy Commissioner

Sikandar Bedia, aged about 30 years SL. No.5 & 6 S/o Late Biglaha Bedia All residents of Village-Kadru, P.S.- Patratu, P.O.- Naya Nagar, Barkakana, District- Ramgarh … … Appellant(s)/Applicant(s) -Versus-

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Deputy Commissioner, Hazaribagh now Ramgarh, P.O. and P.S. Ramgarh, District- Ramgarh

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The Deputy Chief Engineer (Const.) East Central Railway, P.O.Barkakana, P.S.-Patratu, District- Ramgarh

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… … Respondents/Opposite Parties With

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F.A. No. 165 of 2018

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Badhan Bedia, aged about 32 years

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Jivlal Bedia, aged about 29 years Both S/o Late Kushal Bedia, Resident of Village- Kadru, P.S.Patratu, P.O.- Barkakana, District- Ramgarh

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… … Appellants/Applicants

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-Versus-

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Deputy Commissioner, Hazaribagh now Ramgarh, P.O. + P.S.Ramgarh, District- Ramgarh

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The Deputy Chief Engineer (Const.) East Central Railway, P.O.Barkakana, P.S.- Patratu, District-Ramgarh

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… … Respondents/opposite parties

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Tulsi

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Jatru Bedia

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Matru Bedia

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3 to 5 all sons of Late Bastuwa Bedia

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Bhola Bedia S/o Lata Balkaha Bedia

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2025:JHHC:13815

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Gandowi Bedia

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Gauri Bedia

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7 & 8 both sons of Late Jugal Bedia All R/o Village- Kadru, P.S.- Patratu, District- Ramgarh

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… … Petitioners/Awardees/Proforma Respondents With

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F.A. 172 of 2018

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Jagdayal Bedia, aged about 42 years S/o Late Sohrai Bedia

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Medhan @ Medhnath Bedia, aged about 38 years S/o Late Banshi Bedia

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Shivdayal Bedia, aged about 33 years

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Krishna Bedia, aged about 30 years 3 & 4 sons of Late Indra @ Indu Bedia

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All residents of Village- Kadru, P.S.- Patratu, P.S.- Naya Nagar, Barkakana, District- Ramgarh

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… … Appellants/Applicants -Versus-

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Deputy Commissioner, Hazaribagh now Ramgarh, P.O. + P.S.Ramgarh, District- Ramgarh

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The Deputy Chief Engineer (Const.) East Central Railway, P.O.Barkakana, P.S.- Patratu, District- Ramgarh

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… … Respondents/Opposite Parties

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Jhubas Bedia S/o Late Bando Bedia

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Jagmohan Bedia @ Mohan Bedia

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Lalmohan

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4 & 5 sons of Late Minjra Bedia

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3 to 5 residents of Village- Kadru, P.S.- Patratu, P.O.- Naya Nagar, Barkakana, District- Ramgarh … … Performa Respondents With

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F.A. 153 of 2018

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Sodhna Bedia (Dead, Substituted vide order dt. 25.04.2025) 1.(a) Motilal Bedia, aged about 50 years, S/o Late Sodhna Bedia, R/o Village- Kadru, P.O.- Barkakana, P.S.- Patratu, DistrictRamgarh

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Arjun Bedia, aged about 38 years, grandson of Late Jagu Bedia, R/o Village- Kadru, P.S.- Patratu, P.O.- Barkakana, DistrictRamgarh … … Appellants/Applicants -Versus-

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Deputy Commissioner, Hazaribagh now Ramgarh, P.O. + P.S.Ramgarh, District- Ramgarh

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The Deputy Chief Engineer (Const.) East Central Railway, P.O.Barkakana, P.S.- Patratu, District- Ramgarh

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… … Respondents/Opposite Parties

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CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Appellants : Mr. S.K. Dey, Advocate : Mr. Mitul Kumar, Advocate [In all cases] For the Resp. No. 2 : Mr. Sunil Kumar, Advocate [In all cases] For the Resp. No.1-State : Mr. Anup Kumar Agarwal, AC to GA-IV [In all cases] ---

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14/02.05.2025

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1. All the four first appeals being F.A No. 164 of 2018 , F.A No. 165 of 2018, F.A No. 172 of 2018 and F.A No. 153 of 2018 have been filed against the Judgment dated 12.12.2017 (Award sealed and signed on 22.12.2017) passed by the learned Sr. Civil Judge-II-cumSpecial Judge, L.R. Cases, Ramgarh in L.R. Case Nos. 73/2012, 100/2012, 74/2012 and 95/2012 respectively whereby and whereunder the learned court has awarded less compensation @ Rs.3,000/- per decimal for all classes of land to the appellants. The appellantsclaimants have preferred these appeals for enhancement of the compensation @ Rs.8,000/- per decimal for all classes of land.

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2. Learned counsel for the appellants submitted that all the four first appeals out of acquisition of lands of Village-Karru and identical issues are involved in all these cases. 3. Learned counsels for the parties have jointly submitted that arising out of the same impugned judgment passed by the learned court and in relation to the same village, namely, Kadru, arising out of the same notification for acquisition of land, this Court has decided other appeals being F.A. No. 176 of 2018 and other analogous cases vide judgment dated 25.03.2025.

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4. The learned counsels have jointly submitted that these appeals are squarely covered by the aforesaid judgment passed by this Court and these appeals may also be disposed of in the same terms. The operative portion of the aforesaid judgement passed by this court is quoted as under: -

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“40. In view of the aforesaid facts and circumstances, this Court is of the view that rate of compensation for land fixed in case of village Masmohna [Annexure AE1], which is immediately adjoining to the village Karru (involved in this case) and have been acquired by same date of notification, that is, 03.04.2003 and for the same purpose at the flat rate of Rs. 7,000/- per decimal, is the fair market price for the acquisition of land of village Karra. Accordingly, the rate of compensation in these batch cases is to be increased from flat rate of Rs. 3,000/per decimal to flat rate of Rs. 7,000/- per decimal .

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41. All these first appeals are hereby allowed with the modification of the award only with respect to the rate of compensation for the acquired land and the impugned judgement is modified as under: -

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“Considering the development of all the surrounding areas as well as industries of the area, the compensation rate should be Rs.7000/- per decimal. Accordingly, the appellants shall be entitled to get compensation at the rate of Rs.7000/- per decimal. The appellants shall be entitled for solatium and other benefit also as admissible under the Act.”

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5. After hearing the learned counsels for the parties, these appeals are disposed of in terms of the judgment dated 25.03.2025 passed by this Court in F.A. No. 176 of 2018 and other analogous cases.

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6. Accordingly, these first appeals are hereby allowed with the modification of the respective awards only with respect to the rate of compensation for the acquired land and the impugned judgement is modified as under: -

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“Considering the development of all the surrounding areas as well as industries of the area, the compensation rate should be Rs.7000/- per decimal. Accordingly, the appellants shall be entitled to get compensation at the rate of

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Rs.7000/- per decimal. The appellants shall be entitled for solatium and other benefit also as admissible under the Act.”

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7. There shall be no order as to cost.

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8. Office is to prepare decree accordingly.

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9. Pending I.A., if any, is closed.