Himachal Pradesh High Court
Gm Northern Railway vs . Mohan Lal Oy on 6 May, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
GM Northern Railway vs. Mohan Lal oy " a ~ \ oN RFA No' 4) of 2020~' 06.05.2022 Present: Mr.Anil Chauhan, Advocate, for the app lant. | Respondent No.1 is stated to have pred ' Mr.Ajay Sharma, Senior Advasate, alongwith Mr.Ajay Thakur, Advocate, for ras No.2 and 3.
Ms.Divya Sood, Deputy" Agv cate General, for respondent No.4. YA , \ we oe y RFA No.142 of d020\..
Consequenti steps, on account of death of respondent No. 1, 25 payee. be taken within two weeks positively.
Nee NO "List after, two weeks.
(y C cul No.4952 of 2022 "This application has been filed for releasing . Neco amount in favour of applicant-respondent No.2- eN ERY ant, which is supported by affidavit of the applicant-
\ \ ponder claimant 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 applicant, 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 applicant- landowner. Whereas, it is contended on behalf of the respondent- claimant that landowner has been deprived from his landed property and he is agitating for just and fair compensation since long.
:1: Downloaded on - 07/05/2022 20:06:59ucls Considering the rival contentions of parties, it would be appropriate to release only 50% of the compensétié instead of entire amount of compensation. Q Accordingly, 50% of amount" "faving share of applicant-respondent-claimant-Balbir singh in terms of the award passed by the Reference Court, alongwith Nba. to-date interest, is directed to be released in his favour, a5 per his entitlement, by remitting the same in his eR aco detailed in para-2 of the application, photocopy Of "ont ae of Pass Book whereof has been annexed with: is ap ication.
The . (Atoresaid 'release of 50% of the amount of comperisaticn 'shalt be subject to final outcome of the appeal and in case excess amount is found to be received by the respondent-
oN Claimant, he 'Shall be liable to repay the same with interest from (Vivek Singh Thakur) Judge May 6, 2022 (Purohit) :1: Downloaded on - 07/05/2022 20:06:59 " - ' S "N ucls