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Jaldhar Munda v. State of Jharkhand through Deputy Commissioner

Jharkhand HC14 Jul 2025FA/173/2018

Case brief

AI extract

What is this about?

Land acquisition compensation enhancement; village Kadru, P.S. Patratu, Dist. Ramgarh; East Central Railway (Barkakana); L.A. Case No. 20/2004-05; L.R. Case No. 91 of 2012; rate enhanced from Rs. 3,000 to Rs. 7,000 per decimal; solatium and other benefits under the Act; follows First Appeal No. 176 of 2018 (judgment dated 25.03.2025); F.A. No. 164 of 2018 (02.05.2025); Anubha Rawat Choudhary, J.; 14.07.2025; First Appeal No. 173 of 2018.

What did the court decide?

Enhancement of compensation for the acquired land from Rs. 3,000/- per decimal to Rs. 7,000/- per decimal, together with solatium and other benefits admissible under the Act; no order as to cost; Office to prepare decree; pending I.A., if any, closed. ¶34

Jaldhar Munda Vs State of Jharkhand through Deputy Commissioner — Jharkhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the compensation rate of Rs. 3,000 per decimal fixed by the impugned award for all classes of land should be enhanced (appellants sought Rs. 8,000 per decimal) +1 more

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Court's answer

The award is modified only with respect to the rate of compensation for the acquired land: compensation is enhanced from flat rate of Rs. 3,000/- per decimal to flat rate of Rs. 7,000/- per decimal, and the appellants are entitled to solatium and other benefits admissible under the Act.

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Ratio / Principle

This appeal is 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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Detailed headnote1 paragraphs

First Appeal No. 173 of 2018, High Court of Jharkhand at Ranchi (decision date 14.07.2025), Anubha Rawat Choudhary, J. Claimants, residents of village Kadru (P.S. Patratu, Dist. Ramgarh), appealed against the judgement and Award dated 12.12.2017 (sealed and signed 22.12.2017) of the Senior Civil Judge-II Cum Special Judge, L.R. Cases, Ramgarh in L.R. Case No. 91 of 2012 (decided analogously with L.R. Case Nos. 72 to 100/12 and 240/12 to 241/12, arising out of L.A. Case No. 20/2004-05), which had awarded compensation @ Rs. 3,000 per decimal for all classes of land; enhancement to Rs. 8,000 per decimal was sought, rate of land being the sole dispute. Both sides jointly submitted that the appeal was squarely covered by this Court's judgment dated 25.03.2025 in First Appeal No. 176 of 2018 and other analogous cases (which had adopted the Masmohna flat rate of Rs. 7,000/- per decimal for the adjoining village Karru/Karra under the same notification dated 03.04.2003), a judgment already followed in F.A. No. 164 of 2018 (02.05.2025). Held: appeal disposed of in terms of the 25.03.2025 judgment; impugned judgment modified only as to rate — compensation enhanced from flat rate of Rs. 3,000/- per decimal to flat rate of Rs. 7,000/- per decimal, with solatium and other benefits admissible under the Act. Appeal allowed; no order as to cost; Office to prepare decree; pending I.A. closed.

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(2025:JHHC:19360)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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First Appeal No. 173 of 2018

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Jaldhar Munda, aged about 30 years (deleted vide order dated 10.06.2025)

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1(a) Jagarnath Munda (aged about 56 years)

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1(b) Jageshwar Munda (aged about 39 years) 1(c) Umesh Munda (aged about 35 years) All sons of Late Jaldhar Munda

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Badri Munda S/o Late Ramdhan, All residents of VillageKadru, P.S. Patratu, P.O. Barkakana, Dist.-Ramgarh

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Versus

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1.. Deputy Commissioner, Hazaribagh now Ramgarh,

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P.O.+P.S.-Ramgarh, Dist. Ramgarh

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The Deputy Chief Engineer (Const.) East Central Railway

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P.O.-Barkakana, P.S. Patratu, Dist. Ramgarh

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Jivadhan @ Jivadhan Munda S/o Late Akla

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Sukhnath Munda

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Yadunandan Munda

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Arjan

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Indranath

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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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--For the Appellants : Mr. Mitul Kumar, Advocate For the Respondents : Mr. Shiv Kumar Sharma, (Sr. Panel Counsel)

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10 /14.07.2025 Heard the learned counsel appearing on behalf of the parties.

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2. This appeal has been filed by the claimants against the judgement and Award dated 12.12.2017 (Award sealed and signed on 22.12.2017) passed by the Senior Civil Judge-II Cum Special Judge, L.R. Cases, Ramgarh in L.R. Case No. 91 of 2012 heard and decided analogously with L.R. Case No. 72 to 100/12, 240/12 to 241/12 arising out of L.A. Case No. 20/2004-05.

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3. The grievance of the appellants is that the learned Special Judge has awarded less compensation @ Rs. 3,000 per decimal for all classes of land and the appeal has been preferred seeking enhancement

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( 2025:JHHC:19360)

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of compensation of land @ Rs. 8000 per decimal. Apart from the rate of land there is no other dispute involved in this case.

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4. The learned counsels for the parties have jointly submitted that arising out of the same impugned judgment passed by 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 First Appeal No. 176 of 2018 and other analogous cases vide judgment dated 25.03.2025. The said judgment has been followed in the judgment passed in F.A. No. 164 of 2018 decided on 02.05.2025. The learned counsels have jointly submitted that this appeal is also squarely covered by the judgment passed by this court and this appeal be also disposed of in the said terms. The operative portion of the judgment passed in F.A. No. 176 of 2018 and other analogous cases is 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/-

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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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( 2025:JHHC:19360)

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5. After hearing the learned counsel for the parties this appeal is 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, this appeal is 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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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.

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10. Let a copy of this judgment and also the appellate decree be communicated to the court concerned through ‘e-mail/FAX’.

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(Anubha Rawat Choudhary, J.)

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Binit