M.Y.EQBAL, J. - (1.) THESE appeals under Clause 10 of the Letters Patent arose out of Judgments dated 31.3.1995, whereby a batch of 30 appeals filed by the Union of India through Central Coalfields Limited. Ranchi have been disposed of. The appellant Union of India has filed a batch of 30 appeals Under Section 20 of the Coal Bearing Area (Acquisition and Development) Act, 1957 challenging the judgment of 1st Additional Judicial Com -missioner -cum -Tribunal, Ranchi in Reference Case Nos. 57 to 88 of 1989.
(2.) BY the impugned judgment, the learned Single Judge allowed the appeals in part and reduced the rate of compensation in respect of the lands acquired under the said Act. The Claimants whose lands have been acquired being aggrieved by the judgment passed by the learned Single Judge, have also filed L.P.A. Nos. 182 to 220 of 1995(R) while the appellant Union of India has filed L.P.A. Nos. 139 to 168 of 1995(R) against that part of the Judgment, whereby the learned Single Judge affirmed the award of interest and solatium besides compensation. Since, the learned Single Judge has narrated entire facts in detail, we need not go to discuss those facts again. Suffice it to state here that in the year 1980 by notification dated 4.2.1980 issued under Section 4 of the said Act, the Central Government intended to acquire 325 Acres of lands of village Lalyo. P.S. Mandu in the district of Hazaribagh. The said notification under Section 4 was published in the Gazette of India dated 1.3.1980. Thereafter, notification under Section 7(1) of the said Act was made on 13.5.1980 and on 22.12.1980 declaration under Section 9(1) of the Act was issued. Thereafter, the Competent Authority appointed under Section 3 of the Act determined the amount of compen -. sation for the acquired lands under Section 13(5) of the Act. The interested persons whose lands were acquired, received their compensation amount under protest. Claimants thereafter preferred claim for higher compen -. sation Under Section 17(2) of the Act before the Tribunal, constituted under Section 14(2) of the said Act, Out of total 30 awards of compensation, two reference cases being Reference case Nos. 67 and 86 of 1989 arose out of one Award and two reference case being Reference Case Nos. 73 and 80 of 1989 arose out of another Award. The claimants protested that the compensation amount fixed by the competent authority was too low and not according to the prevailing market rate. According to the claimants prevailing rate of the lands in the year 19,80 was Rs. 500 to 600/ - per decimal. The claimants further case was that the lands were also suitable for construction of building as the area was already developed on account of industrialisation and there was future potentiality.
(3.) THE reference cases were contested by the appellant -Union of India through the Central Coalfields Limited on the ground inter alia that the compensation assessed by the competent authority was quite reasonable. The Additional Judicial Commissioner -cum -Tribunal passed the judgment and Award dated 3.9.92 enhancing the amount of compensation at the flat rate of Rs. 1,20,000/ - -per acre irrespective of their classification. The valuation of the trees standing on the land in question was assessed and enhanced by three times to the rate fixed by the competent authority under the Act. The Tribunal further held that the claimants are entitled to solatium of 30% and interest at the rate of 9% per annum for the first year and at the rate of 15% per annum for the subsequent years upto the date of payment. Aggrieved by the said judgment of the Tribunal, the appellant - Union of India preferred all the 30 appeals being First Appeals Nos. 18 to 47 of 1993(R).;