Indian Kanoon - Search engine for Indian Law

Himachal Pradesh High Court

Gm Northern Railway vs . Mohan Lal on 15 November, 2022

Author: Vivek Singh Thakur

Bench: Vivek Singh Thakur

GM Northern Railway Vs. Mohan Lal .

RFA No. 142 of 2020 15.11.2022 Present: Mr.Balram Sharma, Deputy Solicitor General of India, for the appellant.

Mr.Ajay Sharma, Senior Advocate, alongwith Mr.Ajay Thakur, Advocate, for respondents No. 1(a), 2 and 3.

Mr.Raju Ram Rahi, Deputy Advocate General, for respondent No. 4.

RFA No. 142 of 2020 Mr.Sanjay Ranta, Advocate submits that now Virender Singh respondent No. 1(a), S/o original respondent No. 1 Mohan Lal, is being represented by Mr.Atharv Sharma, Advocate and, therefore, he may be discharged from representing Virender Singh and his name may not be reflected in the cause list in future. Prayer is accepted and accordingly Mr.Sanjay Ranta, Advocate is discharged from representing Virender Singh. Registry is directed not to reflect his name as counsel in present appeal in future.

This application has been filed on behalf of respondents No. 1(a) and 3 for release of amount of compensation falling in their shares, which is supported by affidavits of applicants/respondents/claimants. Main appeal is pending adjudication and is yet to be decided.

Releasing entire amount of compensation has .

been vehemently opposed on the ground that amount of compensation awarded is on higher side and there is every likelihood of reduction thereof. It is also submitted that in case of release of deposited amount in favour of the applicants, very purpose of filing of the appeal by the appellant will be defeated as if appeal is allowed, it would be difficult to recover the amount from the applicants/landowners.

r Whereas, it is contended on behalf of the respondents/claimants that landowners have been deprived from their landed property and they are agitating for just and fair compensation since long.

Considering the rival contentions of parties, it would be appropriate to release only 50% of the compensation amount instead of entire amount of compensation.

Accordingly, 50% of amount falling in shares of applicants/respondents/claimants No. 1(a) and 3, in terms of the award passed by the Reference Court, alongwith up to date interest, is directed to be released in their favour, as per their entitlement, by remitting the same in their bank accounts mentioned in para 2 of the application.

The aforesaid release of 50% of the amount of compensation shall be subject to final outcome of the appeal and in case excess amount is found to be received by the respondents/claimants No. 1(a) and 3, they shall be liable to ::: Downloaded on - 16/11/2022 20:32:11 :::CIS repay the same with interest from the date of receipt till final .

repayment thereof.

The application stands disposed of.

(Vivek Singh Thakur), Judge.

     15th November, 2022
           (Keshav)




               r            to









                                        ::: Downloaded on - 16/11/2022 20:32:11 :::CIS
                                 .













               ::: Downloaded on - 16/11/2022 20:32:11 :::CIS