Himachal Pradesh High Court
State Of Himachal Pradesh & Anr. vs . Balak Ram & Ors. on 30 March, 2022
Author: Sandeep Sharma
Bench: Sandeep Sharma
State of Himachal Pradesh & anr. vs. Balak ram & ors.
RFA No.191 of 2021 .
30.03.2022 Present Mr. Arvind Sharma, Additional Advocate General with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for the appellants/State.
Mr. Ramesh Sharma, Advocate, for respondents No.1(a) to 1(f) & 2.
CMP No. 3145 of 2022 By way of instant application, prayer has been made on behalf of the applicants/respondents No.1(b), 1(c), 1(d) and respondent No.2, for release of award amount falling in their shares.
No reply is intended to be filed to the instant application by the non-applicants/appellants.
Similar prayer, as has been made in the instant application, was made by the applicants vide CMP No. 392 of 2022, which was disposed of by this Court vide order dated 02.03.2022, directing the Registry of this Court to release 50% of award amount falling in the shares of aforesaid applicants, by remitting the same in their saving bank accounts, details whereof, are given in para-8 of the application, but since, amount ordered to be released pursuant to aforesaid order, is not deposited with the Registry of this Court, needful could not be done, in terms of aforesaid order dated 02.03.2022.
Since, subsequently, it transpired that amount sought to be released, is lying deposited with the Court of Additional District Judge-II, Shimla, fresh prayer in the instant application has been made on behalf of the applicants/respondents No.1(b), 1(c), 1(d) and respondent No.2, for release of award amount, lying deposited with the Court of Additional District Judge-II, Shimla.
::: Downloaded on - 31/03/2022 20:12:42 :::CISCareful perusal of material available on record reveals .
that land of applicants/respondents was acquired for construction of Chandernagar-Halaila road in the year 2004, but till today, applicants/respondents have been not paid complete payment, awarded by Land Acquisition Collector vide Award No. 10.2007, dated 19.05.2007 and Supplementary Award No.1/2008 dated 22.01.2002, which already stands enhanced vide award dated 31.05.2008, passed by learned Additional District Judge-II, Shimla, H.P. in Land Reference Petition under Section 18 of the Land Acquisition Act. Though, non-
applicants/appellants have filed appeal against the aforesaid enhanced order passed by Reference Court, but since considerable time is likely to be consumed in the final disposal of the same coupled with the fact that land of the applicants/respondents stands utilized for construction of road, this Court sees no impediment in accepting the prayer made in the application and accordingly, same is allowed. Court of learned Additional District Judge-II, Shimla, is directed to release 50% of award amount falling in the shares of aforesaid applicants/respondents No.1(b), 1(c), 1(d) and respondent No.2, by remitting the same in their saving bank accounts, details whereof are given in para-8 of the application bearing CMP No. 392 of 2022, subject to verification of the Accounts Branch. Ordered accordingly. Needless to say, remaining amount shall be kept in FDRs till further orders. Application stands disposed of.
In view of the afore-order passed in the instant application, order passed in CMP No. 392 of 2022, directing the Registry of this Court to release award amount in favour of applicants/respondents No.1(b), 1(c), 1(d) and respondent No.2, is hereby recalled.
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CMP No. 3146 of 2022By way of instant application filed under Order 22 Rule10A read with Section 151 CPC, prayer has been made on behalf of the applicants/respondents to place on record factum with regard to death of respondent No.1(f) Smt. Belmu. Factum with regard to death of respondent No.1(f), Smt. Belmu, is taken on record. Application stands disposed of.
RFA No.191 of 2021Learned Deputy Advocate General prays for and is granted four weeks' time to take appropriate steps for bringing on record the LRs of deceased respondent No.1(f). List thereafter.
(Sandeep Sharma) Judge 30th March, 2022 (reena) ::: Downloaded on - 31/03/2022 20:12:42 :::CIS