10/Dated: 28/01/2025
Heard Mr. Ayush Aditya, learned counsel for the petitioner, Mr.
Ankit Kumar, learned counsel for the State and Mr. Anoop Kumar Mehta,
learned counsel for the O.P. No.3-BCCL.
2. This petition has been filed under Article 227 of Constitution of
India for quashing the order dated 18.05.2023 passed by the learned Civil
Judge (Senior Division)-II, Dhanbad in Land Acquisition Execution Case No.
01/2020, whereby the objection to calculation of the decree holder dated
19.04.2023 against the calculation chart, which was based upon the judgment
passed by the Hon’ble Supreme Court, has been rejected.
3. Mr. Ayush Aditya, learned counsel for the petitioner submits that
the land of the petitioner was acquired by the BCCL under Khata No. 33, Plot
No. 291/3, having an area of 0.64 acres vide L.A. Case No. 76/1983-84 and an
award bearing Award No. 18 was prepared in the name of the petitioner. He
further submits that being aggrieved with the amount and compensation,
reference was made under section 18 of the Land Acquisition Act, 1894 which
was registered as Land Acquisition Reference Case No. 3/1996 in which the
learned Court in terms of judgment dated 30.04.2013 enhanced the
compensation amount to Rs. 625/- per decimals. He further submits that the
petitioner filed F.A. No. 130/2023 before the High Court which was dismissed
for non-prosecution on 28.08.2019 and thereafter the petitioner filed Execution
Case bearing Land Acquisition Case No. 01/2020 before the learned Land
Acquisition Judge, Dhanbad and prayed for compensation amount at the rate
which was calculated in Land Acquisition Case No. 3/1996 i.e. Rs. 625/- per
decimal. He submits that the said order has attained finality. He further
submits that Execution Case was filed claiming amount of Rs. 6,03,661.78
including interest i.e. actual amount of Rs. 2,75,896.66 and interest @ 15% per
annum from 01.05.2013 to 31.08.2020 that comes to Rs. 3,27,765.12. He
submits that by way of annexure-3 a calculation chart was made by the
respondent-BCCL.