Central Coalfields Limited vs Ram Nandan Prasad S/O Madho Prasad … on 19 May, 2026

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    Jharkhand High Court

    Central Coalfields Limited vs Ram Nandan Prasad S/O Madho Prasad … on 19 May, 2026

    Author: Anubha Rawat Choudhary

    Bench: Anubha Rawat Choudhary

                                                           2026:JHHC:15302
    
    
    
        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          F.A. No. 4 of 2014
    Central Coalfields Limited, through its C.M.D., Darbhanga House,
    P.O.- GPO, Ranchi, P.S.- Kotwali, Ranchi through its General Manager
    (L&R) S.N. Singh, S/o Late R. Ranjeet Singh, R/o Jawahar Nagar
    Colony, P.O.- Kanke, P.S.- Gonda, District- Ranchi
                                 ...     ...      Opposite Party/Appellant
                                  Versus
    1. Ram Nandan Prasad S/o Madho Prasad (Substituted v/o dated
       17.07.2023)
       1(a). Umesh Kumar Gupta
       1(b). Dinesh Kumar
       1(c). Mukesh Gupta
       1(d). Ramesh Kumar
       All S/o Late Ram Nandan Prasad
    2. Jadu Nandan Prasad S/o Madho Prasad (Substituted v/o dated
       17.07.2023)
       2(a). Santosh Kumar Gupta, S/o Late Jadu Nandan Prasad Gupta @
       Yadu Nandan Prasad Gupta,
       All residents of Bara Bazar, Mohalla- Bara Bazar, P.O. + P.S. +
       District- Hazaribagh- 825301
                                ...       ...       Applicants/Respondents
    3. Deputy Commissioner, P.O. & P.S.- Hazaribagh, District-
       Hazaribagh
                       ... ...       Opposite Party/Proforma Respondent
                                    With
                              F.A. No. 5 of 2014
    Union of India through Chief of Revenue, Central Coalfields Limited,
    through its C.M.D., Darbhanga House, P.O.- GPO, Ranchi, P.S.-
    Kotwali, Ranchi through its General Manager (L&R) S.N. Singh, S/o
    Late R. Ranjeet Singh, R/o Jawahar Nagar Colony, P.O.- Kanke, P.S.-
    Gonda, District- Ranchi
                                  ...     ...      Opposite Party/Appellant
                                   Versus
    1. Soharai Manjhi
    2. Lakhan Manjhi
       Both sons of Late Dinu Manjhi, residents of Village- Pindra, P.O. &
       P.S.- Mandu, District- Hazaribagh
                                 ...       ...      Applicants/Respondents
    3. Deputy Commissioner, P.O. & P.S.- Hazaribagh, District-
       Hazaribagh
                       ... ...        Opposite Party/Proforma Respondent
                                   With
                             F.A. No. 6 of 2014
    Union of India through Chief of Revenue, Central Coalfields Limited,
    through its C.M.D., Darbhanga House, P.O.- GPO, Ranchi, P.S.-
    Kotwali, Ranchi through its General Manager (L&R) S.N. Singh, S/o
    Late R. Ranjeet Singh, r/o Jawahar Nagar Colony, P.O.- Kanke, P.S.-
    Gonda, District- Ranchi
                                  ...    ...     Opposite Party/Appellant
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                                         Versus
           1. Chandmuni Devi, W/o Late Lodha Manjhi
           2. Mahalal Manjhi @ Mahadeo Manjhi, S/o Late Lodha Manjhi
              (Respondent Nos. 1 & 2 deleted and substituted vide order dated
              12.12.2025)
           1. Govind Marandi, S/o Late Mahalal Manjhi, resident of Village-
              Pindra, P.O. & P.S.- Mandu, District- Hazaribagh
                                        ...        ...      Applicant/Respondent
           2. Deputy Commissioner, P.O. & P.S.- Hazaribagh, District-
           Hazaribagh
                           ... ...         Opposite Party/Proforma Respondent
                                          With
                                    F.A. No. 7 of 2014
           Union of India through Chief of Revenue, Central Coalfields Limited,
           through its C.M.D., Darbhanga House, P.O.- GPO, Ranchi, P.S.-
           Kotwali, Ranchi through its General Manager (L&R) S.N. Singh, S/o
           Late R. Ranjeet Singh, r/o Jawahar Nagar Colony, P.O.- Kanke, P.S.-
           Gonda, District- Ranchi
                                         ...      ...      Opposite Party/Appellant
                                          Versus
           1. Parwati Devi, W/o Jharilal Manjhi, resident of Village- Pindra, P.O.
              & P.S.- Mandu, District- Hazaribagh
                                          ...        ...       Applicant/Respondent
           2. Deputy Commissioner, P.O. & P.S.- Hazaribagh, District-
              Hazaribagh
                              ... ...        Opposite Party/Proforma Respondent
                                    ---
     CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
                                    ---
           For the Appellants             : Mr. A.K. Das, Advocate
                                          : Ms. Swati Shalini, Advocate
                                          : Mr. Kanishka Deo, Advocate
                                            (In all cases)
           For contesting respondents     : Mr. P.P.N. Roy, Senior Advocate
                                          : Ms. Sakshi Charu, Advocate
                                          : Miss Kavita Kumari, Advocate
                                            (In F.A. No. 4 & 5 of 2014)
                                          : Mr. Sahdeo Mahto, Advocate
                                            (In F.A. No. 6 of 2014)
                                          : Mr. B.R. Rochan, Advocate
                                            (F.A. No. 7 of 2014)
                                          ---
    C.A.V. On 05.02.2026                           Pronounced on 19.05.2026
    
           1.    All the four first appeals have been filed under section 20(1) of
           the Coal Bearing Areas (Acquisition & Development) Act, 1957
           (hereinafter referred to as the Act) against the common Judgement
           dated 30.05.2013 passed by the learned A.J.C.-I-cum- Tribunal under
           the Coal Bearing Areas (A & D), Ranchi in Reference Case Nos.
    
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    01/1996, 48/1995, 50/1995, 51/1995 and 49/1995. The connected
    appeals are as under: -
         First Appeal         Name of Claimants    Reference Case No.
    
         FA No. 4/2014     Ram Nandan Prasad             01/1996
         FA No. 5/2014    Soharai Manjhi & Anr           48/1995
         FA No. 6/2014       Hopna Manjhi                50/1995
    
                         Chand Muni Devi & Ors           51/1995
         FA No. 7/2014       Parwati Devi                49/1995
    
    
    2.    The acquired lands involved in these cases are relating to khata
    no. 4 and 6 in Mouza- Pindra, Thana- Mandu, District- Hazaribag
    and compensation for acquired land has been fixed the prevailing
    market price at flat rate of Rs. 600/- per decimal; solatium @ 30%;
    escalation @ 12% for the period from the date of publication of
    notification under Section 4(1) of the of the aforesaid Act to under
    Section 9 of the Act; interest @ 9 % for the first year and 15% per year
    for rest of the period on the enhanced amount of compensation and
    directed the appellant to pay the balance of the compensation amount
    within three months from the date of the order and disposed of the
    reference cases on contest.
    3.    The common appellant in all these appeals is the acquirer of land
    (CCL) challenging enhancement of the rate of compensation of
    acquired land of same village under the common Notification dated
    13.01.1981 issued under Section 4 of the Act for prospects of coal
    therein.
    4.    The Notification under Section 7(1) of the Act was published on
    28.04.1982 and the Notification under Section 9 of the Act was
    published on 01.10.1983. The aforesaid lands having different plot
    numbers of Khata No. 4 and 6 of Village- Pindra alongwith trees
    standing thereon were acquired in respect to the reference cases.
    5.    After acquisition of the lands, the claimants received their
    respective compensation amounts under protest and thereafter, they
    filed petitions under Section 17(2) of the Act for payment of higher
    compensation, which were registered as aforesaid Reference Cases.
    The claimants claimed higher compensation for land and also the trees.
    
    
    
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    6.    The learned Tribunal under the Coal Bearing Areas (A & D),
    Ranchi framed the following points for determination:
          (1) Is the compensation awarded to the claimants is according
               to market value of the land prevailing at the time of
               notification U/s 4(1) of the said Act?
          (2) Are the claimants entitled to claim enhanced compensation
               in respect of the land under acquisition-in-question?
          (3) Are the claimants entitled to claim solatium, escalation
               amount and interest at the prescribed rate on the market
               value of the land as claimed?
    
    7.    The learned Tribunal took Point Nos. (1) & (2) together for
    decision and recorded that the value of the tress has been assessed on
    the rate assessed by the forest department. The learned Tribunal
    recorded the admitted facts of the case.
    8.    The learned tribunal discussed the evidence of the witnesses
    adduced on behalf of the claimants at Para-10 which reads as under:
          "10. In light of above admitted facts, I would like to discuss
          evidence adduced by the parties. Applicant Witness No.1 states that
          CCL has given very less compensation though it requires
          Rs.3,500/- per decimal. Further he states that said land is well
          developed land. Similarly, Applicant Witness No.2 states that it is
          developed land and it is having value @ Rs.3,500/- per decimal.
          Applicant Witness No.3 and 4 have also corroborated same facts.
          Applicant Witness No.5 states that this case has been filed for
          enhanced compensation, but during evidence he has not disclosed
          the rate of compensation. Applicant Witness No.6 states that
          appropriate compensation will be @ Rs.6,000/- per decimal. Same
          fact has been corroborated by Applicant Witness No.7. In Refence
          Case No.1/1996, the applicant himself has been examined as
          Witness No.1. He stated that acquired land is well developed land
          which is adjacent to collieries and its compensation has been paid
          very less, which is required to be enhanced @ Rs.10,000/- per
          decimal. He has also given description of the trees standing thereon
          at the time of acquisition and income to be derived from it."
    
    9.    The learned tribunal discussed the evidence of the witnesses
    adduced on behalf of Union of India at Para-11 which reads as under:
          "11. On the other hand, four witnesses have been examined by the
          O.P. in these cases. who are common. O.P.W.-1 states that the rate
          of compensation was fixed by the specialists who have fixed it after
          assessment and inspection of the land and rate of the trees was also
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          fixed as per fixed rate of government. Further he states that as per
          rate available at district registry office, rate of compensation was
          fixed according to the Act and acquired lands falls under the Coal
          Minig Area. On identification of this witness, notification U/s. 9(1),
          4(1) and 7(1) of the Act have been marked Exhibit- A, A/1 and A/2
          respectively. At Para-21, he states that all these fields are under
          West Bokaro Coal field Area which is running since 1974. O.P.W.-
          2 has corroborated above evidence of O.P.W-1 and he states as
          Para-5 that apart from appropriate compensation, service (job)
          has also been given to the claimants and their claim is wrong. Same
          fact has also been stated by O.P.W.-3 and he has corroborated
          evidence of O.P.W.-1. O.P.W.-4 has brought the case record of all
          these five Reference cases which have been marked Exhibit-B
          series. During cross-examination at Para-10, he states that the
          land of Village- Pindra is under West Bokaro Coal field. At Para-
          12, he states that acquisition was made for mining of the Coal."
    
    10.   The learned tribunal discussed the exhibits adduced on behalf of
    the parties at Para-12, 13 and 14 which reads as under:
          "12. As documentary evidence, photo copy of the true copy of the
          judgment dated 31.03.95 passed by the Hon'ble Court in respect to
          the Appeal No.18-47/1993 (R) in which compensation of the land
          of village Laiyo was under consideration has been filed which has
          been marked Exhibit-1. In that very case, tribunal has enhanced the
          rate of compensation @ Rs. 1200/- per decimal which was reduced
          by the Hon'ble Court after considering all evidence and it was fixed
          at the rate of Rs.600/- per decimal as flat rate related to all
          acquired lands of the Village- Laiyo without any classification and
          said rate is inclusive of the rate of the trees standing on those lands.
          Exhibit-1/A is the photo copy of certified copy of the judgment
          passed by the tribunal on 01.03.94 under the Coal Bearing Areas
          Act in respect to 16 reference cases related to the lands of village-
          Parej and Daru Kashmar and after considering all the evidence
          including sale deeds produced before the tribunal, flat rate of
          Rs.72,700/- per acre was granted by enhancement of the
          compensation awarded in respect to acquired land. Ext-2 is photo
          copy of map of Mandu Anchal which shows that village-Pindra is
          in the vicinity of the village-Parej and Daru Kashmar.
          13. It is very much clear from Ext-1/A that in respect to the land
          of Village- Parej and Daru Kashmar, rate was enhanced by the
          tribunal and fixed @ Rs.72,700/-per acre. Same rate was also fixed
          by the tribunal in judgment and award dated 3.9.92 passed in
          Reference Cases No.57 to 88 of 1989 in respect to the land related
          to Village- Laiyo and it has been reduced by the Hon'ble High
          Court @ Rs.600/- per decimal vide Ext-1. However, there is no any
          evidence to show that Ext-1/A has been challenged before the
          Hon'ble High Court and it has got its finality.
    
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          14. Though in this case, no any sale deed has been brought into
          evidence by any of the party to prove the prevailing market rate in
          the locality, but on the basis of Ext-1, I am of the opinion that rate
          fixed by the O.P. in respect to Village- Laiyo was not adequate and
          in accordance with prevailing market rate. In that very case related
          to Exhibit-1, several sale deeds were produced by the claimants
          and all were considered by the Hon'ble Court. On the basis of
          evidence available on that very record, flat rate was fixed @
          Rs.600/- per decimal. Exhibit-A-series are the notifications U/s. 4,
          7 and 9 of the Act. Exhibit-B-series are the case records of
          claimants; Exhibit-C is record related to fixation of compensation
          and Exhibit-D is the record related to fixation of rate of
          compensation of Village- Pindra.
    
    11.   The learned Tribunal decided the Point Nos. (1) & (2) in favour
    of the claimants, except in respect of their claim for higher
    compensation for the trees, and against the Union of India, vide
    findings at Para- 16 as under:
          16. In light of above discussion, both these points are decided in
          favour of the claimants, except in respect of their claim for higher
          compensation of the trees and against O.P. Accordingly, rate of
          compensation is being fixed at the rate of Rs.600/- per decimal in
          respect to acquired land."
    
    12.   The learned Tribunal considered Point No.3 with regard to the
    issue of payment of solatium, interest and escalation on compensation
    at Para-17, which reads as under:
          "17. Point No.3:- In respect to this point, I would like to mention
          here that it is admitted fact that solatium @ 30%, escalation
          @12% per annum for the period from the date of publication of
          notification U/s 4(1) of the Act to U/s 9 of the Act and interest @
          9% per year for first year and 15% for the remaining period on
          assessed amount of compensation by the OP has already been
          granted, as it is apparent from the documentary evidence produced
          by the OP. Therefore, it is admitted fact of the O.P. which cannot
          be taken away in any view of the matter. Hence, I am of the view
          that claimants are also entitled to solatium @ 30%, escalation @
          12% per annum for the period from the date of publication of
          notification U/s 4(1) of the Act to U/s 9 of the Act and interest @
          9% per year for first year and 15% for the remaining period on the
          enhanced compensation amount also. Accordingly, this point is
          also being decided in favour of the claimants and against the O.P."
    13.   Accordingly, the learned Tribunal determined and fixed the
    prevailing market price of the acquired lands @ Rs.600/- per decimal
    and further observed that solatium @ 30%,          escalation @12% per
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    annum for the period from the date of publication of notification U/s
    4(1) of the Act to U/s 9 of the Act and interest @ 9% per year for first
    year and 15% for the remaining period on assessed           amount of
    compensation by the OP has already been granted, and also held that
    claimants are also entitled to solatium @ 30%, escalation @ 12% per
    annum for the period from the date of publication of notification U/s
    4(1) of the Act to U/s 9 of the Act and interest @ 9% per year for first
    year and 15% for the remaining period on the enhanced compensation
    amount also.
    14.   The enhancement of compensation of land was primarily on the
    basis of Exhibit-1, the judgment dated 31.03.95 passed by this Court in
    respect to the Appeal No.18-47/1993 (R) in which compensation of the
    land of village Laiyo acquired through the same notification where the
    enhancement of compensation at flat rate of Rs. 1200/- per decimal was
    reduced to flat rate of Rs.600/- per decimal without any classification.
    The learned tribunal referred to Exhibit-1/A also which is the judgment
    passed by the tribunal on 01.03.94 related to the lands of village-Parej
    and Daru Kashmar which were also acquired by the same notification
    where the tribunal enhanced the compensation at flat rate of Rs.72,700/-
    but refused to rely upon the same as it was not clear as to whether the
    same was subject matter of challenge in the High Court inspite of
    recording that as per Exhibit-2 (map of Mandu Anchal) village-Pindra
    is in the vicinity of the village-Parej and Daru Kashmar.
    Submissions on behalf of the appellants
    15.   The learned counsel for the appellants submitted that the
    claimants had challenged the assessment of compensation made by the
    competent authority before the learned court and therefore the burden
    of proof that the compensation was not as per law was upon them. The
    claimants did not produce any material with respect to the acquisition
    of land/sale of land in the same village and mere statement that the
    compensation was inadequate was not sufficient. The learned court was
    not justified in interfering with the quantum of compensation fixed by
    the competent authority. The learned counsel has relied upon the
    judgment passed by the Hon'ble Supreme Court reported in (2013) 14
    SCC 50 (Ramlal Deochand Sah vs. State of Maharashtra) Paragraph-
    
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    9. The learned counsel has also relied upon Section 101, 102 and 103
    of the Evidence Act to submit that the burden is upon the person who
    approaches the court and the burden having not been discharged by the
    claimants, the interference in the quantum of compensation was wholly
    uncalled for.
    16.    The learned counsel has also referred to the judgment passed in
    Civil Appeal No.2732 of 2022 (Ramrao Shankar Tapase versus
    Maharashtra Industrial Development Corporation and Others)
    reported in (2022) 7 SCC 563 Para 13 to submit that even for the same
    locality different market value for different land is required to be
    determined. The nature of land is also required to be seen while fixing
    the rate of compensation. The learned counsel has submitted that
    several villages have been acquired by the same Notification and the
    learned court has referred to Exhibit-1 which is in relation to another
    Village- Laiyo and the land involved in Exhibit-1 was not acquired by
    the same notification. The reliance on Exhibit-1 is not as per law. The
    learned counsel has also referred to the map to submit that the Village-
    Laiyo is much away from the acquired land in the present case which is
    village 'Pindra'.
    17.    However, during the course of arguments and from the
    notification involved in this case, it is apparent that the land of village
    Pindra, Tapin, Parej, Daru Kashmar and land of some other villages
    were acquired by the same notification. It also appeared that the learned
    trial court has also recorded that Village- Parej and Daru Kashmar were
    adjoining to village 'Pindra'.
    18.    The learned counsel for the appellants has submitted that the land
    of Village- Parej and Daru Kashmar is not adjoining to Pindra.
    However, during the course of hearing, it transpired that Village- Parej
    is adjoining to village Tapin and Village- Mansai and Village- Daru
    Kashmar fall adjoining to Village- Tapin on the other side.
    19.    The learned counsel also submitted that so far as Exhibit-1/A is
    concerned, the same was in relation to acquisition of land of village
    Parej and Daru Kashmar and the compensation as fixed for these
    villages has been exhibited before the learned court as Exhibit-1/A. He
    also submitted that the compensation so fixed was the subject matter of
    
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    consideration by this Court in M.A. No.50 of 1995 and analogous cases
    wherein the compensation has been reduced to Rs.600/- per decimal
    apart from other amounts. The learned counsel submitted that the
    judgement in M.A. was challenged in LPA. No. 02 of 2005 and other
    analogous case and the LPA has also been dismissed. The learned
    counsel submitted that while disposing of aforesaid M.A. No. 50 of
    1995, the development cost to the extent of 20% was also deducted. The
    learned counsel submitted that be it village Parej or Daru Kashmar or
    village Laiyo, ultimately the compensation was fixed @ Rs.600/- per
    decimal.
    20.   Apart from the aforesaid submissions, the learned counsel has
    relied upon the judgment passed by the Hon'ble Supreme Court
    reported in (2009) 15 SCC 769 (Lal Chand versus Union of India and
    Another) Para-22, to submit that the development cost can extend
    between 20% to 75%. On the point of development cost, the learned
    counsel has also relied upon the judgment reported in (2018) 2 SCC 474
    [Maya Devi (Dead) through Legal Representatives and Others versus
    State of Haryana and Another] Paragraph 8, 9 and 10 and also
    judgement passed by this court in F.A. No. 71 of 2015 Paragraph 38.
    It is submitted that in Civil Appeal No. 2732 of 2022 reported in (2022)
    7 SCC 563, the principles of deduction on account of development cost
    have been mentioned in Paragraph-11. The learned counsel has also
    relied upon the judgment reported in 1998 SCC Online Patna 186
    (Union of India versus Kashinath Mahto) Paragraph-14 to submit that
    in the said judgment, the development cost was enhanced to the extent
    of 40% and the same judgment is related to the same Act under which
    the land acquisition in the present case has been made.
    21.   So far as the oral evidence is concerned, it is submitted that
    nothing much is to be placed except to the extent that P.W.-1 at Para-5
    and P.W.-2 at Paragraph-3 have stated that the physical possession of
    the property involved in these cases was taken only in the year 1996.
    The learned counsel submitted that even if the interest is found payable,
    then also, interest would be payable post 1996 and not from the date of
    acquisition. It has been submitted that the claimant having been in
    
    
    
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    possession till 1996 have enjoyed the property and therefore, they are
    not entitled to any interest.
    22.    The learned counsel submits that the payment of interest is
    governed by the provisions of Land Acquisition Act and has referred to
    Section 28 and 34 of the Land Acquisition Act to submit that interest is
    payable only when the possession is taken and compensation is not paid
    or deposited.
    23.    The learned counsel has also submitted that the aforesaid
    provision of payment of interest under Land Acquisition Act, 1894
    became applicable to the provisions of Coal Bearing Areas (Acquisition
    and Development) Act, 1957 [hereinafter referred to as Coal Bearing
    Act] only where virtue of the notification issued by the central
    government to maintain parity in the matter of payment of
    compensation, interest and solatium under both the Acts.
    Submissions on behalf of the respondents
    24.    The learned senior counsel appearing on behalf of the
    respondents has opposed the prayer and has relied upon the judgment
    passed by this court in F.A. No. 140 of 2016 [Union of India through
    the Chief Revenue Officer, CCL, Darbhanga House, Ranchi vs.
    Sitaram Sahu and Another] Paragraph- 48 and 49 to submit that in case
    where no sale deed with respect to the same village is available, the sale
    deed of adjoining village certainly be taken into consideration and some
    amount of guess work is permissible in law. The learned counsel
    submits that the CCL had not produced any sale deed and even the rate
    chart does not refer to any sale deed. He has also submitted that rate
    chart Exhibit-D was exhibited at the stage of the argument before the
    learned court. The learned counsel has submitted that mere rate chart
    by itself cannot be said to be evidence for the purposes of fixing of
    compensation. Vide Exhibit-1 and also Exhibit-1/A, same rate of
    compensation was fixed i.e. @ Rs. 600/- per decimal, and as per the
    impugned judgment also, the rate of compensation fixed is @ Rs.600/-
    per decimal. The impugned judgement does not call for any interference
    particularly when the land involved in Exhibit-1/A and the land
    involved in the present case were acquired by the same notification and
    at the same time. The learned counsel has also submitted that the
    
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    payment of interest and solatium also does not call for any interference
    and the same is payable from the date of Notification issued under
    Section 9 of the aforesaid Coal Bearing Act. The learned counsel
    submits that so far as the circular issued by the central government is
    concerned, the same also does not refer to the date of physical
    possession of the property. He has also submitted that as per Section 9,
    the possession of the property vests with the coal company upon
    issuance of notification under Section 9 and the coal company acquire
    the status of a lessee under the aforesaid Coal Bearing Act.
    Rejoinder argument on behalf of the appellants
    25.   In response, the learned counsel for the appellants has submitted
    that vide order dated 19.06.2018 the learned trial court by a detailed
    order rejected the claim for additional compensation under Section 23-
    (1-A) and Section 23(2) of the Land Acquisition Act.
    26.   The learned counsel submits that the learned trial court has not
    granted additional compensation but, in the decree, the additional
    compensation has also been added. He submits that entitlement of
    additional compensation is also required to be decided.
    27.   The learned counsel has also referred to the judgment reported in
    2024 SCC Online 1691 [New Okhla Industrial Development
    Authority v. Harnand Singh (Deceased) through LRs. And Others]
    Paragraph- 14 and 43 to submit that the circle rate can also be
    considered while awarding compensation by making marginal addition.
    The learned counsel has also relied upon the judgment passed by this
    court in F.A. No. 492 of 2018 Paragraph- 113 to submit that
    compensation can also be determined on the circle rate and that would
    be a basis for guess work for fixing compensation.
    28.   Points for determination in this case are as follows: -
          Whether, the learned tribunal erred in law in awarding
          additional compensation although no additional compensation
          has been awarded by the impugned judgement and the claim
          for additional compensation has been earlier rejected vide
          order dated 19.06.2018 by the learned trial court under Section
          23-(1-A) and Section 23(2) of the Land Acquisition Act?
                                         And
    
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             Whether, the learned tribunal erred in awarding interest and it
             ought to have been awarded from the year 1996 as the
             claimants have also allegedly deposed that they were
             dispossessed in 1996?
             Whether      the    impugned      judgement       enhancing      the
             compensation for acquired land at flat rate of Rs.600/- per
             decimal call for any interference?
                                             And
             Whether the appellants are entitled to deduction on account of
             development cost with respect to the acquired lands of village
             Pindra?
    Findings of this Court
    
    29.      Case of the Claimants
          A. The common facts are that same rate of compensation was fixed
             for the acquired land belonging to the same village and the
             claimants claimed that the prevailing market rate was
             Rs.10,000/- per decimal at the time of acquisition of the land and
             therefore, the claimants received the payments under protest.
          B. Further case of the claimants was that the acquired lands were
             surrounded with many adjacent collieries, like Parej, Laiyo,
             Baraghatu, Kedela, Toyar, Ara, Saru, Pers, Topa, Tapin,
             Jharkhand and Rapodh which were nationalized in the year 1973
             and since then, industrial activities are going on.
          C. The acquired lands are situated beside the Patna-Ranchi National
             Highway and are connected with pitch road and Shopping
             Centers, Cinema Hall, Government Hospital, Haat, Market,
             loading and unloading centers, office of the railway, post office
             and other official buildings are also situated in the vicinity of the
             acquired lands and therefore, potentiality and value of the
             acquired lands is much more developed, but the same has not
             been considered during assessment of the compensation amount.
          D. There are many trees like Mango, Mahua, Guava, Kathal, Saal,
             etc. which are having market rate @ Rs.500/- per sq. ft., but the
             same has also not been considered by the acquiring authority.
    
    
                                          12
                                                                2026:JHHC:15302
    
    
    
          E. The rate of the said types of land has already been enhanced by
             the Land Acquisition Officer, Hazaribagh in other cases related
             to adjacent villages.
    
    30.      Case of the Union of India
      I.     The Union of India filed objection petitions / rejoinders in the
             reference cases denying the claim of the claimants and with
             common assertions that claim petitions are not maintainable and
             no detail has been given in the petitions.
     II.     It was not mentioned in the claim petitions as to how and on what
             basis the claimants are entitled to enhanced compensation and in
             absence of the relevant details it was difficult to respond to the
             claim petitions.
    III.     The value of the acquired lands has been fixed on the basis of the
             prevailing market rate of the lands at the time of acquisition,
             which was assessed by experts and competent officers after
             obtaining rate from the registry office.
    
    31.      The applicants/claimants examined 08 witnesses in support of
    their case. Applicant Witness No.1 (Jhari Manjhi) is the common
    witness in Reference Case Nos. 48/1995, 49/1995, 50/1995 and
    51/1995. In his examination-in-chief, he deposed that C.C.L. has given
    very less compensation which should have been Rs.3,500/- per decimal.
    The C.C.L. has opened mines over the lands. He further stated that
    electricity, water, road and market are situated near their lands. During
    cross-examination, he admitted that the lands were measured in his
    presence. He further admitted at Para-5 that the notification for
    acquisition of the lands was issued in the year 1980 and their possession
    was taken in the year 1996. The lands were not tanr only. The value of
    the lands was Rs.3,500/- per decimal in the year 1980 and he has seen
    the sale deeds of the land but had not brought the same. He further
    stated at Para-6 that Haat was being organized since about 20 years
    over the government land after establishment of the colliery and there
    was Haat at Pindra as back as in the year 1980 also and all the facilities
    were available there.
    
    
    
                                         13
                                                                2026:JHHC:15302
    
    
    
    32.    Applicant Witness No.2 (Md. Rafique) is the common witness in
    Reference Case Nos. 48/1995, 49/1995, 50/1995 and 51/1995. In his
    examination-in-chief, he deposed that he knows the acquired lands of
    Hopna Manjhi and others which is situated adjoining to Parej Bangla
    where there was mine of Ramgarh Raj since last 40 to 50 years.
    Village- Pindra is situated at the adjacent like a colony in town. The
    office of C.C.L. is situated there. The value of the land is Rs.3,500/- per
    decimal. Haat is organized daily here. During cross-examination, he
    admitted at Para-3 that the notification for acquisition of the land was
    issued in the year 1980-81 and its possession was taken over in the year
    1996. Parvati Devi has been paid compensation of Rs.81,000/- for her
    land measuring 1 acre and 85 decimals and Chandmuni Devi has also
    been paid same amount of compensation. He further admitted at Para-
    4 that colliery is situated adjacent to Village- Pindra having 70-75
    houses and all the lands were Dhani-Bari. He has not sold any land
    himself. All the land were open for sale and no land of scheduled tribe
    can be sold.
    33.    Applicant Witness No.3 (Parwati Devi) in her examination-in-
    chief deposed that C.C.L. has acquired 01 acre 85 decimals of her land
    alongwith the lands of Chandmuni. Baluhutu, Tapin and Parej Mouza
    are situated adjacent to Mouza- Pindra. The colliery is running from
    before. She further deposed that very less compensation has been given
    for her land. Mahuwa and Sakhuwa trees were also standing over her
    land. She is entitled to get compensation @ Rs.3,500/-. She used to get
    the value of mahuwa @ Rs.4,000/- per tree per year. During cross-
    examination, she admitted at Para-3 that she has received Rs.81,000/-
    only. She used to grow paddy, potato, brinjal over her land and the road
    was situated at a distance of 6-7 hands from her land and well, pond
    and bari were situated before approaching the road. She stated at Para-
    5 that the land situated near her land has been sold @ Rs.3,500/- and
    Lakhan and Chhotka Manjhi had executed sale deed at Hazaribag. She
    stated at Para-6 that 1,500 Mahuwa trees were standing over her land
    apart from paddy fields, but she has not received any compensation for
    the trees.
    
    
    
                                        14
                                                               2026:JHHC:15302
    
    
    
    34.   Applicant Witness No.4 (Shanti Devi) in her examination-in-
    chief deposed that their land has been acquired by the C.C.L., but very
    less compensation has been paid to them. She further deposed that
    Mouza Parej, Tapin and Baluhutu are situated near Pindra and
    mines are running for a long period in those mouza. The value of
    those lands would be at least Rs.3,500/- per decimal. She further stated
    that kamliya, market, office, etc. are situated over her land and road is
    also situated near the land. 500 old Mahuwa and Sakhuwa trees were
    standing over her land. Her father had died. Chandmuni is her aunt and
    her land of similar kind has also been acquired. During cross-
    examination, she stated that C.C.L. has acquired 08 acres of her land
    and she has received compensation for her land, but she has filed the
    application for enhancing the compensation and she is entitled to get
    compensation @ Rs.3,500/- per acre.
    35.   Applicant Witness No.5 (Meena Devi) in her examination-in-
    chief deposed that her father and uncle had filed application for
    enhancement of the compensation for the lands and they have died. She
    further deposed that Mahuwa and Sakhuwa trees were standing over
    their lands and their value was high. During cross-examination, she
    stated that C.C.L. had acquired their lands. They are three sisters and
    no brother. The names of her sisters are Shoni and Shanti. She is entitled
    to get the enhanced compensation. She does not know as to how much
    compensation was paid.
    36.   Applicant Witness No.6 (Chandmuni) in her examination-in-
    chief deposed that C.C.L. has acquired her land for Pindra Colliery, but
    she has received very less compensation with objection. Rs.3,000/- per
    decimal would be the appropriate compensation. During cross-
    examination, she stated at Para-2 that the compensation was prepared
    in her name and she has received Rs.60,000/- and Rs.1,600/-. She
    further admitted at Para-3 that all the lands were measured in presence
    of the villagers.
    37.   Applicant Witness No.7 (Pano Devi) in her examination-in-chief
    deposed that C.C.L. has acquired her land, but she has received very
    less compensation after death of her husband, which has been received
    by her with objection. The compensation for the land should have been
    
                                       15
                                                                  2026:JHHC:15302
    
    
    
    at least Rs.3,000/- per decimal. During cross-examination, she
    admitted at Para-2 that no job has been given in lieu of the land. No
    agriculture was done over the land, but she used to collect Mahuwa.
    38.     Applicant Witness No.1 (Ram Nandan Prasad) is sole witness in
    Reference Case No. 01/1996. In his examination-in-chief, he deposed
    that his land has been acquired by C.C.L., but he has received very less
    compensation. The value of his land should have been Rs.10,000/- per
    decimal. His land is flat and fertile. Pindra is situated adjacent to
    Parej, Ghato, Phugu, Laiyo, etc. and all the places are connected to
    road and have markets, colony, etc. in all the places. There were fruit
    trees and Sakhuwa trees over his land and he used to sell Mahuwa of
    Rs.300/- per year @ Rs.2-3/- per Kg. at that time. During cross-
    examination, he admitted at Para-4 that he had received compensation
    amount of Rs.1,93,000/- in the year 1996. He further admitted at Para-
    6 that Patna-Ranchi Road is situated at a distance of 5 miles from Pindra
    and he has not filed any sale deed or document in support of the value
    of his land. There was no industry or trade in his village at the time of
    acquisition of his land. Maize, corn and paddy were grown over his
    land.
    39.     The applicants / claimants exhibited the following documents as
    documentary evidence:
             Exhibit-1     Photocopy of C.C. of Judgment dated 31.03.1995
                           passed in Appeal arising out of Original Order
                           Nos.18-47/1993(R)     relating   to    payment    of
                           compensation of the lands of Village- Laiyo, P.S.-
                           Mandu, District- Hazaribag
             Exhibit-1/A   Photocopy of C.C. of Judgment dated 01.03.1994
                           passed by the Tribunal under Coal Bearing Areas
                           (A&D) Act in 16 reference cases relating to the lands
                           of Village- Parej and Daru Kashmar
             Exhibit-2     Photocopy of map of Mandu Anchal showing Village-
                           Pindra in the vicinity of Village- Parej and Daru
                           Kashmar
    
    
    40.     The Union of India examined 4 witnesses who are common in all
    the references cases. O.P.W.-1 (Animesh Chandra Acharya) filed his
    
                                        16
                                                               2026:JHHC:15302
    
    
    
    examination-in-chief on affidavit stating that he is working on the post
    of Assistant Revenue Officer in the office of the Chief General
    Manager, C.C.L. He further stated that approximately 535.70 acres of
    land in Mouza- Pindra, Thana- Mandu, District- Hazaribag has been
    acquired by C.C.L. for coal mining under Section 9(1) of the C.B.A.
    Act vide Notification No.3687 dated 13.09.1983 by the Government of
    India, which was published in the Gazette of Government of India on
    01.10.1983. The Notification under Section 4(1) for the lands was
    published by the Ministry of Power, New Delhi vide S.O. No.699 dated
    13.01.1981 and the Notification under Section 7(1) for the acquired
    lands was published by the Ministry of Power, New Delhi vide S.O.
    No.1785 dated 28.04.1982. He further stated that the current status of
    the land was assessed by the C.C.L. through appointed experts after
    spot inspection and the trees and plants standing over the land was
    assessed and the compensation was determined by the Government on
    the basis of the prescribed rate and the compensation and the interest
    on the basis of the payable interest was paid to the claimants. He further
    stated that the rate for payment of compensation for the raiyati lands
    was determined under the provisions of C.B.A. Act on the basis of the
    sale and purchase documents available in the District Registry Office,
    Hazaribag. Solatium @ 30%, additional compensation @ 12% and
    interest @ 9 % for the first year under Section 9 of the Act and 15% per
    year for rest of the period was paid apart from the compensation. The
    acquired land was totally barren and infertile at the time of acquisition.
    The acquired land falls under the area of coal mining. He further stated
    that the claim of payment of less compensation of the claimants is
    incorrect. He exhibited the Notification No.3687 dated 13.09.1983
    under Section 9(1) of the Act as Exhibit-A, Notification No.699 dated
    13.01.1981 under Section 4(1) of the Act as Exhibit-A/1 and
    Notification No.1785 dated 28.04.1982 under Section 7(1) of the Act
    as Exhibit-A/2. During cross-examination, he admitted at Para-15 that
    the land owners of Daru Kashmar and Parej have filed cases for
    payment of appropriate compensation before the same tribunal. He
    further admitted at Para-16 that he does not know as to whether the
    Tribunal had determined the compensation @ Rs.72,700/- per acre on
    
                                       17
                                                              2026:JHHC:15302
    
    
    
    01.03.1995. He does not remember as to whether he had deposed in
    Case Nos. 1 to 10 of 1994 and Case Nos. 115 to 120 of 1993. He also
    admitted that he was not a part of the assessment team for the lands of
    Pindra. He stated that it is not correct to say that Pindra, Daru Kashmar
    and Parej are adjoining to each other.
    41.   O.P.W.-2 (Lal Keshwar Mahto) filed his examination-in-chief on
    affidavit stating that he is working on the post of Assistant Revenue
    Inspector in the office of the Chief General Manager, C.C.L. He further
    stated that approximately 535.70 acres of land in Mouza- Pindra,
    Thana- Mandu, District- Hazaribag has been acquired by C.C.L. for
    coal mining. He further stated that the then status of the acquired land
    was assessed by the C.C.L. through appointed experts after spot
    inspection. He also stated that the rate for payment of compensation for
    the raiyati lands was determined under the provisions of C.B.A. Act on
    the basis of the sale and purchase documents available in the District
    Registry Office, Hazaribag and the compensation alongwith interest,
    additional interest, solation, etc. was paid as per law. The claimants
    have been paid appropriate compensation alongwith job and their claim
    of payment of less compensation is incorrect. As per LCR, order dated
    16.09.2011, last chance was given to produce O.P.W.-2 (Lal Keshwar
    Mahto) for cross-examination, but thereafter he never appeared for
    cross-examination. On 28.03.2012, evidence on behalf of Opposite
    Parties/ CCL/ Union of India was closed and the case was put up on
    05.05.2012 for argument.
    42.   O.P.W.-3 (Bijay Kant Mishra) filed his examination-in-chief on
    affidavit stating that he is working on the post of Senior Manager in the
    office of the Chief General Manager, C.C.L. He further stated that
    approximately 535.70 acres of land in Mouza- Pindra, Thana- Mandu,
    District- Hazaribag has been acquired by C.C.L. for coal mining. He
    further stated that the then status of the acquired land was assessed by
    the C.C.L. through appointed experts after spot inspection. He also
    stated that the rate for payment of compensation for the raiyati lands
    was determined under the provisions of C.B.A. Act on the basis of the
    sale and purchase documents available in the District Registry Office,
    Hazaribag and the compensation alongwith interest, additional interest,
    
                                       18
                                                              2026:JHHC:15302
    
    
    
    solation, etc. was paid as per law. The claimants have been paid
    appropriate compensation alongwith job and their claim of payment of
    less compensation is incorrect. O.P.No.3 During cross-examination,
    he admitted at Para-6 that the lands of Ichakdiha, Parej, Laiyo, Daru
    Kashmar have also been acquired alongwith Pindra. He admitted at
    Para-7 that 535.70 acres of lands of Pindra have been acquired for coal
    and Kuju Colliery is situated at a distance of 15/20 Kilometres from
    there and coal is transported everywhere from there. He admitted at
    Para-8 & 9 that he has no role in determining the value of the lands of
    Pindra and he does not know who has determined the compensation.
    He also admitted that Para-10 & 11 that he has not seen any sale deed
    of the village of the year 1982/83 and he cannot say which sale deed
    was issued from the registry office. He admitted at Para-12 that apart
    from the acquired lands, the land of Malana, Kedela, Ichakdiha,
    Laiyo, Katyasi comes under the Bokaro West Colliery. Earlier it was
    a private colliery and it was nationalised by the Government in the
    year 1973. He said at Para-13 that he does not know that the Hon'ble
    High Court has determined the compensation for the villages Ichakdiha
    and Dakapaha as Rs.1,20,000/- per acre. He admitted at Para-14 that
    the West Bokaro Coal Washery of Tata is situated near the acquired
    lands. He also admitted at Para-15 that pucca road from Charhi to
    Laiyo, water, electricity, etc. are available there. He admitted at Para-
    16 that he is Senior Manager (Mining). He denied the suggestion at
    Para-17 that the value of the lands has been determined very less.
    43.      O.P.W.-4 (Sunil Prasad Gupta) who was working in the office of
    the General Manager, C.C.L filed his examination-in-chief on affidavit
    stating that the suit lands have been acquired by the C.C.L. by
    publishing notifications under Sections 4(1), 7(1) and 9(1) of the
    C.B.A. Act. He exhibited the case records of the acquired lands as
    under:
               Reference Case No.     Case Record No.        Exhibit No.
                    48/1995                  229           Exhibit-B
                    49/1995                  231           Exhibit-B/1
                    50/1995                  231           Exhibit-B/2
                    51/1995                  231           Exhibit-B/3
    
                                       19
                                                                2026:JHHC:15302
    
    
    
                   01/1996                    230            Exhibit-B/4
    
    He further stated that Khata, Plot, area, type of land, rate of
    compensation, interest, additional interest, solatium and other benefits
    are mentioned in the Compensation Report of the acquired lands. The
    compensation rate has been determined as per the type of the land
    which is mentioned in the proposal rate and rate approval document.
    The compensation has been paid after determining the solatium of the
    trees. All the provisions and rules have been complied with as per the
    directions of Ministry of Coal, Government of India while determining
    the compensation of the claimants. He exhibited the signatures of
    competent officers of C.C.L. namely, Sri P.K. Sengupta, A.R.O, Sri
    A.C. Acharya, A.R.O., Sri P.G.P. Nayar, Deputy C.R.O. as Exhibit-C.
    He further stated that after issuance of the notification under Section 4
    of the Act, the revenue karmachari and competent officers of C.C.L.
    had made spot inspection and enquiry and had made classification of
    the lands and thereafter, the compensation of the lands was determined
    on the basis of the contemporary sale deeds and other documents
    keeping the rules in mind, which is correct and sufficient. He stated that
    on the days of notifications under Sections 4, 7 and 9, the acquired lands
    were totally underdeveloped and unproductive. He further stated that
    the compensation of the acquired lands was determined on the basis of
    their types, use and the value of the land at the time of the notification.
    The compensation, interest, additional interest, solatium, etc. have been
    paid after compliance of all the benefits, which is sufficient and correct.
    During cross-examination, he admitted at Para-8 that at the time of
    deposing he was working on the post of Head Surveyor. At the time of
    acquisition of the lands of Village-Pindra lands of Daru Kashmar,
    Parej were also acquired , which are adjacent villages. He replied at
    Para-9 that he does not know as to whether the land owners of Parej
    and Daru Kashmar have filed compensation cases and as to whether the
    learned court has determined the compensation of the lands of Mouza
    Parej and Daru Kashmar as Rs.72,700/- per acre. He further stated at
    Para-10 that he has seen the land of Pindra. He also stated at Para-11
    that the Government has taken over the private collieries of Ara,
    Hesagarh, Jharkhand, Kedla, Kuju Laiyo, Pindra, Minba, Sabudera,
                                        20
                                                                  2026:JHHC:15302
    
    
    
    Deyra, Soyra and Topa, which are adjacent to Tata Colliery. He further
    admitted at Para-12 that the lands were acquired for excavation and
    selling of coal and the lands of Pindra were acquired for running mines.
    Several tons of coal are transported outside from Kuju and Kuju is
    situated adjacent to Pindra.
    44.      Accordingly, the Union of India exhibited the following
    documents as documentary evidence:
               Exhibit-A      Notification No.3687 dated 13.09.1983 under
                              Section 9(1) of the Act
               Exhibit-A/1    Notification No.699 dated 13.01.1981 under
                              Section 4(1) of the Act
               Exhibit-A/2    Notification No.1785 dated 28.04.1982 under
                              Section 7(1) of the Act
               Exhibit-B      Case Record of Reference Case No. 48/1995
               Exhibit-B/1    Case Record of Reference Case No. 49/1995
               Exhibit-B/2    Case Record of Reference Case No. 50/1995
               Exhibit-B/3    Case Record of Reference Case No. 51/1995
               Exhibit-B/4    Case Record of Reference Case No. 01/1996
               Exhibit-C      Signatures of competent officers of C.C.L. in
                              Compensation Report of the acquired lands
               Exhibit-D      Record related to fixation of rate of compensation
                              of Village- Pindra
    
    
    45.      This court finds that the following facts are not in dispute which
    have also been recorded by the learned tribunal: -
    
          a. The learned Tribunal took Point Nos. (1) & (2) together
             for decision Notification under Section 4(1) of the Act was
             published in the official Gazette vide S.O. No.699 dated
             13.01.1981 through which the lands related to Village-
             Pindra alongwith lands of other villages were acquired
             (Exhibit-A/1).
    
          b. The Notification under Section 7(1) of the Act was
             published vide S.O. No.1785 dated 28.04.1982 (Exhibit-
             A/2).
    
          c. Notification under Section 9(1) of the Act vide S.O. No.
             3687 dated 13.09.1983 was published in the official
             Gazette of India on 01.10.1983 (Exhibit-A) whereby the
    
                                         21
                                                                    2026:JHHC:15302
    
    
    
             lands related to Village- Pindra in respect to the reference
             cases alongwith other lands were acquired.
    
          d. The lands related to Plot Nos. 3 to 79, 80(Part), 81(Part),
             82(Part), 83(Part), 84(Part), 85 (Part), 86(Part), 87(Part)
             and 104(Part), total area 535.70 acres of Village- Pindra
             were acquired alongwith trees standing thereon.
    
          e. The rate of lands was fixed according to their classification
             (Exhibit-D) which are as follow:-
                      Paddy-I                   @ Rs.21,340/- per acre
                      Paddy-II                  @ Rs.13,340/- per acre
                      Paddy-III                 @ Rs.10,670/- per acre
                      Tanr-I                    @ Rs.21,340/- per acre
                      Tanr-II                   @ Rs.5,340/- per acre
                      Tanr-III                  @ Rs.1,340/- per acre
                      Others                    @Rs.670/- per acre
    
          f. In addition to the rates mentioned above, solatium @ 30%
             on the land value, interest @ 9% for first year and @ 15%
             for the subsequent years has also been paid to the
             claimants on the rates as indicated above and additional
             compensation as escalation @ 12% per annum for the
             period from the date of publication of notification under
             Section 4(1) of the Act to under Section 9 of the Act has
             been awarded on the rate of compensation (Exhibit-C).
    
          g. Right, title and interest of the claimants is not in dispute.
    
          h. All the claimants have received payment of compensation
             with protest.
    
    
    46.      After having received the compensation with solatium, interest
    and escalation as mentioned above, as offered under protest, the
    claimants filed petition seeking enhancement of compensation and
    impugned judgement and award has been passed. The operative portion
    of the impugned is quoted as under:-
                                       ORDER
    

    “These Reference cases are hereby disposed of on contest.
    Prevailing market price of the land under acquisition in
    question is determined and fixed at the flat rate of Rs.600/- per
    decimal. Claimants are also entitled to solatium @ 30%,
    escalation @ 12% for the period from the date of publication
    of notification U/s 4(1) of the Act to U/s 9 of the Act, interest
    @ 9% for the first year and 15% per year for rest of the period
    only on the enhanced amount of compensation. O.P. is

    22
    2026:JHHC:15302

    SPONSORED

    directed to pay the balance of the compensation amount within
    three months from the date of this order. Let award be
    prepared accordingly.”

    Whether, the learned tribunal erred in law in awarding additional
    compensation although no additional compensation has been
    awarded by the impugned judgement and the claim for additional
    compensation has been earlier rejected vide order dated 19.06.2018
    by the learned trial court under Section 23-(1-A) and Section 23(2) of
    the Land Acquisition Act?

    And
    Whether, the learned tribunal erred in awarding interest and it ought
    to have been awarded from the year 1996 as the claimants have also
    allegedly deposed that they were dispossessed in 1996?

    47. This court finds that the learned tribunal has determined the
    compensation of land at flat rate of Rs. 600/- per decimal and so far as
    solatium, escalation, interest are concerned, the same has been awarded
    only on differential court consequent upon enhancement of the rate of
    compensation. The award drawn pursuant to the impugned award
    reveals that instead of terming the escalation for the period from
    notification u/s 4 to notification u/s 9 for the period from 13.01.1981 to
    13.09.1983 the award has used a wrong terminology terming it has
    additional compensation although admittedly the impugned judgement
    does not allow additional compensation. Further, this Court also finds
    that there is no separate calculation for escalation on differential amount
    as directed by the impugned judgement. In the aforesaid view of the
    matter, the argument of the learned counsel for the appellants that
    additional compensation has been paid although there is no direction to
    pay additional compensation. The terminology used while preparation
    of the award, additional compensation on differential amount instead of
    escalation on differential amount has no bearing in the matter. Wrong
    use of terminology in the award having no impact on the awarded
    amount has no bearing in the matter. The term additional compensation
    on differential amount in the award it to be taken as escalation amount
    on differential amount. The fact that the claimants are entitled to
    escalation on differential amount is not in dispute.

    23

    2026:JHHC:15302

    48. Further, in the judgement passed by this court reported in 2005
    SCC OnLine Jhar 44: (2005) 1 JLJR 439 (Union of India v. Harla
    Devi
    ), paragraph 16 it has been held by referring to the letter No.
    43026-88-LSW, dated 12.5.89 of the Government of India, Deptt. of
    Coal, -Ministry of Energy, addressed to the Chairman, Coal India Ltd.
    that it contains a decision in respect of payment of solatium, interest
    and additional compensation. It has been held in the said judgement that
    so far payment of solatium and interest at the enhanced rates is
    concerned, the same is without any ‘ifs’ or ‘but’ and are made
    admissible in respect of all acquisition made under the C.B.A. Act. But
    so far payment of additional compensation at the rate of 12 per cent per
    annum is concerned, the same would be admissible in cases of
    acquisitions made under the C.B.A. Act, only where the notification
    under Section 9(1) of the said Act, has been issued on or after 30.4.82.
    As regards payment of the solatium and interest it has been observed as
    follows:

    (a) Solatium, in addition to market value of the land at
    the rate of 30 per cent of the market value for all
    acquisitions made under the C.B.A. Act.

    (b) An interest at the rate of 9 per cent per annum for
    the first year and 15 per cent per annum for the
    subsequent years on the amount of compensation,
    including solatium, so calculated for payment of the
    land owner.

    49. In the present cases notification under section 9 (1) has been
    issued after 30.04.1982 and hence the additional compensation by way
    of escalation is payable @ 12% per annum which has been included in
    the impugned judgement and award. The impugned judgement uses the
    term escalation and the award uses the term additional compensation
    but there is no difference in the calculation @ 12% per annum. Further,
    perusal of order dated 19.06.2018 passed by the learned court during
    the pendency of these appeals reveals that it has been observed that the
    matters are pending before this court and the point may be raised before
    this court.

    50. Upon going through the aforesaid judgement reported in 2005
    SCC OnLine Jhar 44: (2005) 1 JLJR 439 (Union of India v. Harla

    24
    2026:JHHC:15302

    Devi), paragraph 16, there is no doubt that the claimants are entitled to
    solatium, interest and also additional compensation as awarded by the
    learned court but the term escalation has been used in the impugned
    judgement and work additional compensation has been used in the
    award making no difference in calculation.

    51. The aforesaid point regarding additional compensation/
    escalation is accordingly decided against the appellant and in favour
    of the claimants.

    52. This Court finds that it is not in dispute that even the appellants,
    while paying compensation to the claimants prior to reference, which
    the claimants received under protest, additionally paid solatium @ 30%
    on the land value, interest @ 9% for first year and @ 15% for the
    subsequent years to the claimants and additional compensation as
    escalation @ 12% per annum for the period from the date of publication
    of notification under Section 4(1) of the Act to under Section 9 of the
    Act has been paid on the rate of compensation assessed for the land at
    their end. The learned tribunal by the impugned judgement has awarded
    solatium @ 30% on the land value, interest @ 9% for first year and @
    15% for the subsequent years to the claimants and escalation @ 12%
    per annum for the period from the date of publication of notification
    under Section 4(1) of the Act to under Section 9 of the Act only on the
    differential amount arising out of the enhanced rate of Compensation
    Rs.600/- per decimal. In their entire written statement filed before the
    learned tribunal, it was not their case that they have wrongly paid
    solatium @ 30% on the land value, interest @ 9% for first year and @
    15% for the subsequent years to the claimants and additional
    compensation as escalation @ 12% per annum for the period from the
    date of publication of notification under Section 4(1) of the Act to under
    Section 9 of the Act and thus, it was not their case that even the interest
    already calculated and paid prior to reference suffered from any
    illegality with reference to the date of dispossession of the claimants.
    The learned tribunal has simply enhanced the rate of compensation for
    the land and did not interfere with any other component except that
    solatium, escalation and interest have to be paid also on differential
    amount for compensation of land. Once the payment of solatium,

    25
    2026:JHHC:15302

    escalation and interest has been accepted and paid prior to reference, it
    is not open to the appellant to contend, without any foundational
    pleadings, that the claimants having been dispossessed in the year 1996
    the interest etc has to be paid from 1996 only.

    53. This is over and above the letter no. 43026-88-LSW, dated
    12.05.89 of the Government of India, Deptt. of Coal, Ministry of
    Energy, addressed to the Chairman, Coal India Ltd. that a decision has
    been taken in respect of payment of solatium, interest and additional
    compensation and it has been held in the aforesaid judgement that so
    far payment of solatium and interest at the enhanced rates is concerned,
    the same is without any ‘ifs’ or ‘but’ and are made admissible in respect
    of all acquisition made under the C.B.A. Act. But, so far payment of
    additional compensation at the rate of 12 per cent per annum is
    concerned, the same would be admissible in cases of acquisitions made
    under the C.B.A. Act, only where the notification under Section 9(1) of
    the said Act, has been issued on or after 30.4.82.

    54. The award of interest, solatium and escalation/additional
    compensation is in accordance with the aforesaid judgement read with
    the circular issued by the central government in the year 1989 as
    discussed and held in the aforesaid judgement reported in 2005 SCC
    OnLine Jhar 44: (2005) 1 JLJR 439 (Union of India v. Harla Devi).

    55. Moreover, the parties also did not join issues with respect to the
    date of dispossession of the claimants. The parties contested the case on
    the rate of compensation for acquired land and trees, the compensation
    for land was enhanced on the basis of materials placed on record and
    there was no enhancement with respect to compensation for the trees
    and as a natural corollary to enhancement in the rate of land the
    claimants were entitled to solatium, escalation and interest on the
    differential amount as has been directed by the learned tribunal by the
    impugned judgement. Accordingly, it is held that the award of solatium,
    escalation and interest on the differential amount arising out of
    enhancement of rate of compensation for land does not call for any
    interference. The point for determination on award of interest on
    differential compensation is accordingly decided against the
    appellant and in favour of the claimants.

    26

    2026:JHHC:15302

    Whether the impugned judgement enhancing the compensation for
    acquired land at flat rate of Rs.600/- per decimal call for any
    interference?

    And
    Whether the appellants are entitled to deduction on account of
    development cost with respect to the acquired lands of village Pindra?

    56. This Court finds that it is not in dispute from the oral and
    documentary evidences placed on record including the map of Mandu
    Block Ramgarh District that lands of Mouza Pindra, Tiping, Parej Daru-
    Kashmar, and other villages were acquired by the same process by
    issuing notification under Section 4 of the Act and the map reveals that
    the Mouza Pindra, Tiping, Parej and Daru Kashmar and Laiyo they fall
    one after another and touching boundaries. The records further reveal
    that the land in village Laiyo was acquired prior in the year 1980 under
    the same Act of 1957. The extract of the map of Mandu Block (Exhibit-

    2) is as under: –

    57. The claimants in the present cases are from village Pindra and
    they received the compensation on account of land and trees standing
    thereon under protest with solatium, escalation and interest and
    thereafter, the reference cases were instituted seeking enhancement of
    compensation on land and also trees. They claimed compensation @
    Rs. 10,000/- per decimal and in their deposition, they stated that the rate
    for compensation of acquired land should be @ Rs.3,500/- per decimal.
    The claimants led oral evidence with respect to the market value of the
    acquired properties, but not even a single sale deed was exhibited from
    their side. Further, even the appellants here in, who were opposite party
    before the learned tribunal, did not produce any sale although, in their

    27
    2026:JHHC:15302

    evidence they asserted that while fixing the compensation, the market
    value of the acquired property was assessed on the basis of sale deeds
    from registry office. Further, the Exhibit-D, which is the only document
    produced by the appellant (CCL) showing assessment of rate of
    acquired land also did not refer to any sale deed or any information
    received from registry office or even the circle rate, but simply referred
    to the classification of land under Dhan-I, Dhan-II, Dhan-III, Tanr-I,
    Tanr-II and Tanr-III and others and rate for compensation against each
    head, but nothing was mentioned as to from where the rates were
    derived. Further, no material was placed on record to show as to which
    of the acquired properties were of one or the other category. It was also
    observed in Exhibit-D that the additional compensation in the form of
    escalation, solatium and interest will be added to the rate of
    compensation. It is also important to note that the Exhibit-D was placed
    on record before the learned tribunal only at the time of arguments of
    the case.

    58. This Court further finds that on the one hand no sale deeds were
    produced by either party to show exemplar sales for the purpose of
    compensation for acquired land and it has been argued by the learned
    counsel for the appellants that in order to claim higher compensation, it
    was for the claimants to place on record appropriate materials and the
    onus was upon the claimants.

    59. It is true that the claimants failed to produce any sale deed for
    comparison with respect to the acquired land of the same mouza or in
    the vicinity of the mouza. However, they exhibited two judgments with
    respect to acquisition of villages contiguous to the acquired land and
    Exhibit-1/A was arising out of the same process of acquisition as
    involved in this case : –

    Exhibit-1 Photocopy of C.C. of Judgment dated 31.03.1995
    passed in Appeal arising out of Original Order
    Nos.18-47/1993(R) relating to payment of
    compensation of the lands of Village- Laiyo, P.S.-
    Mandu, District- Hazaribag
    Exhibit-1/A Photocopy of C.C. of Judgment dated 01.03.1994
    passed by the Tribunal under Coal Bearing Areas

    28
    2026:JHHC:15302

    (A&D) Act in 16 reference cases relating to the lands
    of Village- Parej and Daru Kashmar

    60. Thus, it cannot be said that no materials were placed on record
    by the claimants to seek enhancement of compensation for the acquired
    land. The Exhibits 1 and 1/A were put to the witnesses of the appellant
    during cross examination to which they were completely silent/
    expressed that they are not aware although they were the acquirer in all
    the cases including the present one.

    61. So far as village Laiyo (Exhibit-1) is concerned, the lands were
    acquired in 1980 vide notification published in the gazette on
    01.03.1980 under section 4 which is prior to the acquisition in the
    present case which is dated 13.01.1981 under Section 4. So far as
    acquisition of land for the village Parej and Daru Kashmar are
    concerned the same were arising out of the same notification for
    acquisition as involved in the present cases.

    62. In the aforesaid two exhibits, Exhibit 1 and 1/A , numerous sale
    deeds were exhibited. For village Laiyo, the compensation was fixed by
    the learned tribunal at flat rate of Rs.1200/- per decimal which was
    under challenge before this court. Vide Exhibit-1 passed by this Court
    for village Laiyo, the compensation at flat rate was upheld by observing
    that the acquirer had failed to substantiate different classes of land
    acquired and nothing was brought on record to prove the fact that the
    lands acquired in village Laiyo were of different classes and did not
    possess similar potentialities. However, considering the facts and
    circumstances of the case and numerous sale deeds produced for
    consideration, the compensation at flat rate of Rs. 1200/- per decimal as
    fixed by tribunal was reduced to Rs.600/- per decimal and the judgment
    and award were modified to that extent. The findings in paragraph 28
    and 29 with respect to village Laiyo as decided by this Court reducing
    compensation at flat rate of Rs. 1200/- per decimal to Rs. 600/- per
    decimal is quoted as under:-

    “28. The acquirer has failed to substantiate different classes of
    lands acquired and nothing has been brought on record to prove
    the fact that the lands acquired in village Laiyo were of different

    29
    2026:JHHC:15302

    classes and did not possess similar potentiality and, therefore, in
    my opinion, the Tribunal was justified in fixing compensation at a
    flat rate for the entire acquired lands.

    29. In the aforesaid circumstances, the compensation fixed at the
    flat rate of Rs.1200/- year decimal by the Tribunal is reduced to
    Rs.600/- per decimal and the impugned judgement and award are
    modified to this extent only.”

    63. This Court finds that in the present case also the appellant herein
    neither placed on record any material to substantiate different classes of
    land were acquired and that the lands acquired did not possess similar
    potentialities. It is common case with respect to the acquired land of
    concerned villages that the land was falling in the vicinity of collieries
    and in the present case a haat was also been organized since much prior
    to acquisition of land.

    64. In such circumstances, this Court is also of the considered view
    that the tribunal was justified in fixing compensation at the flat rate for
    the entire acquired land for village Pindra at flat rate which is involved
    in this case.

    65. This Court finds that the learned tribunal while fixing the rate of
    compensation has followed the aforesaid judgment passed by this Court
    in Appeal No. 18 to 47 of 1993 (R) [Exhibit-1] with respect to village
    Laiyo and fixed the compensation @ Rs.600/ per decimal as the High
    Court had reduced the compensation for village Laiyo in the aforesaid
    manner. It is important to note that the learned tribunal did not consider
    the Exhibit-1/A where the compensation at flat rate was fixed @
    Rs.727/- per decimal with deduction of 20% as development cost with
    respect to village Parej and Daru Kashmar primarily on the ground that
    it was not clear as to whether the same has been challenged in the High
    court.

    66. The learned tribunal also granted solatium, interest and
    escalation on the differential amount of compensation as the same was
    already paid with respect to the assessed amount by the concerned
    authority.

    67. During the course of hearing, it has come to light and judgment
    of the tribunal passed in the case of Parej and Daru Kahsmar (exhibit-

    30

    2026:JHHC:15302

    1/A) was subject matter of appeal before this Court in the Miscellaneous
    Appeal No. 50 of 1995 and another analogous cases which was decided
    vide judgment dated 10.11.2004 and ultimately this Court reduced the
    compensation over land from Rs.727/- per decimal with deduction on
    account of development charges @20% to Rs.600/- per decimal with
    deduction on account of development charges @20%. The said
    judgment was subject matter of consideration in L.P.A no. 2 of 2005
    and other analogous cases in appeals filed by the Union of India through
    CCL whereby this Court upheld the award on account of solatium to be
    paid @ 30% and interest @ 9% per annum for the first year and 15%
    per annum for the subsequent year till actual payment and the appeal
    was dismissed. The judgement of the LPA reveals that there was no
    challenge to the flat rate of compensation @ 600/- per decimal.

    68. This Court finds that the facts and circumstances of the present
    case with respect to fixation of rate of compensation @ Rs.600/- per
    decimal is similar to that of Laiyo and also that of village Daru Kashmar
    and Parej, except that village Laiyo was acquired one year prior to the
    acquisition of land involved in this case. So far as village Parej and
    Daru Kasmar are concerned they were acquired through the same
    notifications and process involved in the present cases whereby the
    compensation at flat rate has been upheld. For village Laiyo and also
    for village Daru Kashmar and Parej the rate of compensation for land
    has been fixed @ Rs.600/- per decimal, but in villages Daru Kashmar
    and Parej deduction on account of development cost has been allowed
    by 20%.

    69. This Court is of the considered view that there is no reason to
    take a different view than what has been taken by learned tribunal in the
    present case while passing the impugned judgment so far as the rate of
    compensation for land @ Rs.600/- is concerned.

    70. This Court is of the considered view that the judgments which
    have been passed with respect to adjoining villages and acquired by the
    same process are certainly important materials placed before the court
    for consideration in the circumstances where the sale deed of the
    concerned village has not been placed on record from either side and
    the compensation awarded was not substantiated by CCL through any

    31
    2026:JHHC:15302

    cogent material placed on record although they claimed in their
    evidence that they had examined and fixed compensation on the basis
    of sale deeds from the registry office, but neither any such sale deed has
    been produced nor the materials has been on record to show that any
    such sale deed were taken into consideration. Even the Exhibit-D does
    not show as to how the compensation was fixed and there is no materials
    on record with respect to the classification of land.

    71. In view of the aforesaid facts and circumstances, the judgment
    passed by the learned tribunal fixing the compensation @Rs.600/- per
    decimal flat rate with respect to village Pindra is a well reasoned
    judgment and does not call for any interference.

    72. So far as the claim of deduction on account of development cost
    is concerned, this Court finds that with respect to village Laiyo, the
    concerned tribunal had not made any deduction on account of
    development charges. However, with respect to village Parej and Daru
    Kashmar, a deduction was made by the learned tribunal itself with
    respect to development charges to the extent of 20% and such deduction
    was not interfered with by this Court in appeal and this Court, except
    reducing the compensation from Rs.727/- to Rs.600/- per decimal, did
    not interfere with the award of the learned tribunal.

    73. The judgment which has been relied upon by the appellants with
    respect to deduction on account of development charges clearly
    revealed that there can be no automatic deduction on account of
    development charges and it varies from one case to another case
    depending upon the facts and circumstances of the case and materials
    placed on record. In the present case, no iota of evidence/material has
    placed on record to claim any deduction on account of development
    charges much less deduction to the extent of 20%. In the present case,
    the lands with trees were acquired for the purpose of extraction of coal
    and no material has been placed on record by the appellants, either
    before the learned tribunal or before this Court, to claim any
    development charges or to claim that any development of acquired land
    was required. The land acquired for extraction of coal is essentially for
    mining purposes and with respect to the village Pindra, no such claim
    of deduction was ever made before the tribunal and no material has been

    32
    2026:JHHC:15302

    placed to claim a deduction on account of development charges. Even
    the concerned authorities while computing the compensation had not
    made any deduction on account of development charges.

    74. The argument of the learned counsel for the appellants claiming
    deduction charges from the rate of compensation of land is completely
    misplaced and is not based on any material/evidence placed on record.

    75. In the judgement passed by the Hon’ble Supreme Court in the
    case of Mala and others v. State of Punjab and others, (2023) 9 SCC
    315: 2023 LiveLaw (SC) 663, the principles with regards deduction on
    account of development cost has been considered. It was argued before
    the Hon’ble Supreme Court that it is well-settled position of law that
    while determining the deduction for development charges, the courts
    should keep in mind the nature of land, area under acquisition, whether
    the land is developed or not, if developed to what extent, the purpose of
    acquisition, etc. Though, it is true that while determining the market
    value of large chunk of land, the value of smaller pieces of land could
    be taken into consideration, however, after making appropriate
    deduction in the value of lands or setting apart land required for carving
    out roads, leaving open spaces, plotting out smaller plots, etc. The
    percentage of deduction or the extent of area required to be set apart has
    to be assessed by the courts having regard to the size, shape, situation,
    user, etc. of the lands acquired. It is essentially a kind of guess work the
    courts are expected to undertake.

    76. The Hon’ble Supreme court referred to various judgements on
    the point of deduction of development cost as follows: –

    15. In Chimanlal Hargovinddas v. LAO, (1988) 3 SCC 751,
    this Court held as under:

    “8. … The first two grounds are devoid of merit. It is
    common knowledge that when a large block of land is
    required to be valued, appropriate deduction has to be
    made for setting aside land for carving out roads,
    leaving open spaces, and plotting out smaller plots
    suitable for construction of buildings. The extent of the
    area required to be set apart in this connection has to
    be assessed by the court having regard to the shape,
    size and situation of the concerned block of land, etc.
    There cannot be any hard and fast rule as to how much
    deduction should be made to account for this factor. It

    33
    2026:JHHC:15302

    is essentially a question of fact depending on the facts
    and circumstances of each case. It does not involve
    drawing upon any principle of law.”

    16. In Lal Chand v. Union of India, (2009) 15 SCC 769,
    this Court held that:

    “14. The “deduction for development” consists of two
    components. The first is with reference to the area
    required to be utilised for developmental works and the
    second is the cost of the development works. For
    example, if a residential layout is formed by DDA or
    similar statutory authority, it may utilise around 40%
    of the land area in the layout, for roads, drains, parks,
    playgrounds and civic amenities (community facilities),
    etc.

    15. The development authority will also incur
    considerable expenditure for development of
    undeveloped land into a developed layout, which
    includes the cost of levelling the land, cost of providing
    roads, underground drainage and sewage facilities,
    laying water lines, electricity lines and developing
    parks and civil amenities, which would be about 35%
    of the value of the developed plot. The two factors taken
    together would be the “deduction for development” and
    can account for as much as 75% of the cost of the
    developed plot.

    16-21***

    22. Some of the layouts formed by the statutory
    development authorities may have large areas
    earmarked for water/sewage treatment plants, water
    tanks, electrical substations, etc. in addition to the
    usual areas earmarked for roads, drains, parks,
    playgrounds and community/civic amenities. The
    purpose of the aforesaid examples is only to show that
    the “deduction for development” factor is a variable
    percentage and the range of percentage itself being
    very wide from 20% to 75%.”

    17. This Court in the judgment in Kasturi v. State of
    Haryana
    , (2003) 1 SCC 354 held that there may be various
    factual factors which may have to be taken into
    consideration while applying the cut in payment of
    compensation towards developmental charges, maybe in
    some cases it is more than 1/3rd and in some cases less than
    1/3rd. This Court held as under :

    “7. … However, in cases of some land where there are
    certain advantages by virtue of the developed area
    around, it may help in reducing the percentage of cut to
    be applied, as the developmental charges required may
    be less on that account. There may be various factual
    factors which may have to be taken into consideration
    while applying the cut in payment of compensation

    34
    2026:JHHC:15302

    towards developmental charges, maybe in some cases
    it is more than 1/3rd and in some cases less than 1/3rd.
    It must be remembered that there is difference between
    a developed area and an area having potential value,
    which is yet to be developed. The fact that an area is
    developed or adjacent to a developed area will not ipso
    facto make every land situated in the area also
    developed to be valued as a building site or plot,
    particularly when vast tracts are acquired, as in this
    case, for development purpose.”

    77. The aforesaid judgements clearly reveal that in order to claim
    development cost there has to be some material relating to the
    development of the acquired land by the acquirer. It has been held that
    the “deduction for development” consists of two components. The first
    is with reference to the area required to be utilised for developmental
    works and the second is the cost of the development works. For
    example, if a residential layout is formed by DDA or similar statutory
    authority, it may utilise around 40% of the land area in the layout, for
    roads, drains, parks, playgrounds and civic amenities (community
    facilities), etc.

    78. In the present case, the land having been acquired for mining of
    coal and there is no evidence or even a statement as to what
    development is required to be made for the acquired land, the arguments
    of the learned counsel for the appellant that there has to be some
    deduction on account of development cost. The question of deduction
    on account of development cost through guess work arises only when
    there is some evidence on the point of required development of the
    acquired land and in absence of any material, no deduction on account
    of development cost can be made. Thus, the learned tribunal has rightly
    not granted any deduction on account of development cost. In fact,
    deduction on account of development cost was neither claimed nor any
    material was produced to substantiate the claim of deduction on account
    of development cost. The appellant is not entitled to any deduction on
    account of development cost. Thus, is held that the compensation for
    the acquired Land Rs.600/- per decimal dies not call for any interference
    and the appellant is not entitled to any deduction on account of
    development cost in the absence of any material that development of

    35
    2026:JHHC:15302

    the acquired land for coal mining, much less nature of development of
    the land, was required.

    79. The compensation for acquired land as enhanced by the learned
    tribunal to Rs.600/- per decimal and other components with regards to
    Solatium, Escalation, Interest on differential amount does not call for
    any interference.

    80. Accordingly, these appeals are dismissed.

    81. Pending interlocutory application, if any, is dismissed as not
    pressed.

    82. Let this Judgment be communicated to the concerned court
    through “Fax/E-mail”.

    (Anubha Rawat Choudhary, J.)
    19.05.2026
    Binit /Rakesh
    Uploaded on:- 20.05.2026

    36



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