Himachal Pradesh High Court
Sub Divisional Officer-Cum-Land ... vs . Santosh Kumari & Others. on 18 May, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
Sub Divisional Officer-cum-Land Acquisition Collector Vs. Santosh Kumari & others.
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RFA No. 451 of 2018 18.5.2022 Present: Mr.Raju Ram Rahi, Deputy Advocate General, for the appellant.
Mr.Jagan Nath, Advocate, for respondents No. 1, 2(a) to 2(c), 3, 4(a) to 4(d), 5(a) to 5(d), 6(a) to 6(c) and 11 (d-i) to 11(d-iii).
Mr.Abhishek Verma, Advocate, vice Mr.Deepak Kaushal, Advocate, for respondents No. 7(a) and r 7(b).
Mr.Pawan Gautam, Advocate, for respondents No. 8(a) to 8(c), 9, 10(a) and 10(b).
None for respondents No. 11(e) to 11(g) though represented by Mr.S.D. Gill, Advocate.
Respondent No. 11(h) is stated to have expired.
Mr.Anup Rattan, Advocate, for respondents No. 11(a) to 11(c) (though proceeded ex parte).
Respondent No. 11(d-iv) is ordered to be deleted vide order dated 2.1.2021.
Mr.K.D. Sood, Senior Advocate, alongwith Mr.Het Ram Thakur, Advocate, for applicants in CMP No. 15585 of 2021.
CMP Nos. 15585 and 15587 of 2021 Reply(ies) on behalf of respondents/non-
applicants/appellants, have not been filed. Be filed within two weeks, positively.
On request of non-applicants/respondents/ appellants, these applications are adjourned for two weeks, in terms of order passed on previous date.
List after two weeks.
::: Downloaded on - 18/05/2022 20:11:12 :::CIS CMP No. 9412 of 2021Reply, as prayed, be filed within two weeks.
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List after two weeks.
CMP No. 3152 of 2022This application has been filed on behalf of respondent No. 4(d) for release of amount of compensation in her favour.
Though reply has not been filed, application has been opposed on the ground that appeal is r however, pending and awarded amount of compensation is on higher side and there is every likelihood of reduction thereof at the time of final adjudication of appeal and in case of release of amount of compensation, as prayed, in favour of applicant, very purpose of filing of appeal by State would be defeated as if appeal is allowed, it would be difficult to recover the amount from applicants/landowners.
On behalf of applicant, it is submitted that landowners have been deprived from their landed property and they are agitating for just and fair compensation since long and further that vide order dated 12.11.2020, 50% of amount of compensation, falling in shares of respondents No. 2(a) to 2(c), 3, 4(a) to 4(c), 6(a) to 6(c), 7(a) and 7(b), 9, 11(a) and 11(e) to 11(g) already stands released in their favour.
Considering the rival contentions of parties, it would be appropriate to release only 50% of compensation amount instead of entire amount of compensation.
::: Downloaded on - 18/05/2022 20:11:12 :::CISAccordingly, 50% of amount falling in share of .
applicant/respondent No. No. 4(d)/claimant as per her entitlement, in terms of award passed by the Reference Court, along with up to date interest, is directed to be released in her favour, by remitting the same in her bank account, mentioned in para 7 of the application, photocopy of front page of Pass r to Book have also been annexed with this application.
The aforesaid release of 50% of amount of compensation shall be subject to final outcome of the appeal and in case, excess amount is found to be received by applicant/respondent No. No. 4(d)/claimant, she shall be liable to repay the same with interest from the date of receipt till final repayment thereof.
The application stands disposed of.
CMP Nos. 5794 and 5765 of 2022 Reply/instructions by non-applicant/appellant be filed/obtained within two weeks, as prayed.
List after two weeks.
RFA No. 451 of 2018Appropriate steps on account of death of respondent No. 11(h), as prayed, be taken within two weeks.
List after two weeks.
(Vivek Singh Thakur), Judge.
18th May, 2022 (Keshav) ::: Downloaded on - 18/05/2022 20:11:12 :::CIS