- (1.) R .Banumathi,C.J. As against the judgment and decree passed by the Single Judge in the First Appeals filed against the Land Acquisition Cases whether Letters Patent Appeal is maintainable, is the point falling for consideration in these appeals.
(2.) SHORN of details, brief facts which led to the filing of these Letters Patent Appeals are as follows : The appellant is a statutory body established under the provisions of the Agricultural Produce Market Committee (hereinafter Market Committee). For establishment of market yards at Garhwa, as per the requirements of the provisions of the Market Act, 22.71 acres of land was acquired at Garhwa by the State Government by Government Notification, which was published in the District Gazette on 16.6.1977. The Land Acquisition Officer fixed the value of the land at Rs.16,900/ - per acre for the land situated upto 200 ft. from road side and Rs.12,675/ - per acre for the lands beyond 200 feet. The award was passed on 17.8.1978. On 28.8.1978 claimants received the payment of compensation under protest. Seeking enhancement of compensation, Reference was made under Section 18 of the Land Acquisition Act and those cases were registered as (i) L.A Case No.166/78 of 1979 (ii) L.A Case No.159/72 of 1979 (iii) L.A Case No.163/76 of 1979 (iv) L.A Case No.164/76 of 1979 (v) L.A Case No.162/75 of 1979 (vi) L.A Case No.64/147 of 1979 (vii) L.A Case No.65/148 of 1979. In addition to the above, there was another case arising out the same acquisition being L.A Case No.161/1979 (Anil Kumar Gupta X The State). The above seven Land Acquisition Cases were dismissed for default in March, 1981 and subsequently, pursuant to the order dated 27.9.1983 passed by the High Court in Civil Revision Nos.392/1983(R) and batch matters, Land Acquisition Cases were ordered to be restored to their files. After restoration, seven Land Acquisition Cases were lingering on file for quite sometime. The appellant Marketing Committee was impleaded as respondent in the Land Acquisition Cases in or about August, 2012. Seven Land Acquisition Cases were disposed of by Civil Judge, Senior Division, Garhwa, by judgment dated 29.9.2012. Reference Court passed the award enhancing the rate of compensation from: (i) Rs.16,900/ - per acre (as awarded by the Collector for the land upto 200 ft. from roadside) to Rs.1,00,000/ - per acre; (ii) Rs.12,675/ - per acre (as awarded by the Collector for the land beyond 200 ft. from road side) to Rs.80,000/ - per acre; (iii) awarding additional compensation at the rate of 12% per annum on the total amount of compensation for the period commencing on and from the date of publication of notification under Section 4(1) of the Land Acquisition Act till the date of award or taking over the possession whichever is earlier. (iv) awarding solatium at the rate of 30% on the valuation of the land determined: (v) statutory interest at the rate of 9% per annum for the period of one year from the time of taking possession and in case, the amount is not deposited within a period of one year, the claimants shall be entitled to get interest at the rate of 15% per annum from the date of expiry of one year over the amount of compensation or part thereof, which has not been paid/deposited before such expiry. (vi) apart from the statutory interest, interest pendent lite at the rate of 12% per annum over the entire amount till the ate of its realization.
(3.) BEING aggrieved by the enhancement of compensation and also award of interest pendente lite at the rate of 12% per annum over the entire amount of compensation, solatium at the rate of 30% and the accrued interest, the appellant, Marketing Committee, has preferred the First Appeals. In the First Appeals, by a common judgment dated 28.1.2014, learned Single Judge confirmed the award passed by the Reference Court. Learned Single Judge also confirmed the award of interest pendente lite at the rate of 12% per annum on the entire amount of compensation as ordered by the Reference Court. Being aggrieved by the judgment passed by the learned Single Judge in First Appeals, the Agricultural Marketing Committee has preferred these appeals.;