UNION OF INDIA, THROUGH THE CHIEF REVENUE OFFICER, CENTRAL COALFIELDS LIMITED v. MAHA MANJHI
C.M.P./383/2025 · 2025-07-18
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29039 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29039 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:JHHC:19965]
IN THE HIGH COURT OF JHARKHAND AT RANCHI CMP No. 383 of 2025 Union of India, through the Chief Revenue Officer, Central Coalfields Limited, having its registered Office at Darbhanga House, PO and PS - Kotwali, District Ranchi (Jharkhand), through its General Manager, Kuju Area Sri Rajiv Kumar Sinha aged about 58 years, S/o. Kamleshwar Prasad, residing at GM Bungalow, Parijat Colony, PO-Kuju, PS- Mandu, District - Ramgarh (Jharkhand) … Respondent/Petitioner
Versus
1. MahaManjhi, S/o. MangraManjhi,
2. TaloManjhi, S/o Magra Manjhi,
3. Chaitu Manjhi, S/o. Birju Manjhi @ Moti Lal, All residents of village- Poondi, P.O. &P.S.- Mandu, Dist.- Hazaribagh
… Appellant/Opp. parties
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. A. K. Das, Adv.
05 / 18.07.2025 Heard. Though notice has been validly served upon the opp. parties but no one turns up on behalf of the opp. parties in spite of repeated calls.
Learned counsel for the petitioner submits that this civil miscellaneous petition has been filed under Section 152 of CPC, 1908 with a prayer to direct the registry to correct the decree prepared and signed on 01.03.2019 pursuant to the judgment passed by this Court in M.A. no. 484 of 1991 (R) dated
14.09.2018. Learned counsel for the petitioner further submits that the petitioner company- Central Coalfields Limited, has already deposited Rs. 17,731.28 on 01.09.1988, therefore, it is entitled to pay interest on the said amount for the period subsequent to 01.09.1988. It is next submitted that this Court
disposed of M.A. No. 484 of 1991 (R ) vide the judgment dated 14.09.2018 by holding that the tribunal has rightly awarded the just compensation for different categories of land but held that besides the compensation amount, the claimant-appellants, who are opp. parties herein, would be entitled to solatium @
30% P.A. and Simple Interest @ 9% P.A. for the first year and Simple Interest @ 15% for the subsequent years. It is next submitted that pursuant to the said judgment in M.A. No. 484 of 1991 (R ), a decree was prepared but after computing the principal compensation amount @ Rs. 9332.25 and adding a solatium @ 30% P.A. amounting to Rs. 2799.68, the interest was calculated on the total amount of Rs. 12131.93 @ 9% P.A. for the period 11.06.1964 to 11.06.1965 but instead of computing the interest @ 15% P.A. for the period 11.06.1965 to 01.09.1988, the interest @ 15% P.A. on the entire amount was calculated until the date of judgment and thereafter the amount of Rs. 17731.28, which was deposited on 01.09.1988, had been deducted, hence, it is submitted that the decree be corrected.
Having heard the submissions made at the Bar and after going through the materials available in the record, it is pertinent to mention here that Section 152 of the CPC, vests the power upon a court passing a judgment, decree or order for rectification of clerical or arithmetical mistake in judgments, decree or order arising from any accidental slip or omission but certainly, the interest awarded in a judgment from a particular date, cannot be changed in exercise of power under Section 152 of CrPC. This Court in no uncertain manner has awarded the solatium @ 30% P.A. and Simple Interest @ 9% P.A. for the first year and Simple Interest @ 15% P.A. for the subsequent years thereon.
Under such circumstances, this Court is of the considered view that the prayer of the petitioner in effect to change the Simple Interest @ 15% P.A., awarded by the judgment which has attained finality having been not challenged in appeal or otherwise cannot be interfered with this Court in exercise of the limited power under Section 152 of CPC. Accordingly, this civil miscellaneous petition being without any merit is dismissed.
(ANIL KUMAR CHOUDHARY, J.)
Smita/-