Himachal Pradesh High Court
General Manager, Northern Railway vs . Subhash Chand on 14 September, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
General Manager, Northern Railway Vs. Subhash Chand & others.
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RFA No. 262 of 2019 14.9.2022 Present: Mr.Balram Sharma, ASGI and Ms.Kiran Negi, Advocate, vice Mr.Rahul Mahajan, Advocate, for the appelant.
Mr.Ajay Sharma, Senior Advocate, alongwith Mr.Ajay Thakur, Advocate, for respondents No. 1 r and 2.
Mr.Raju Ram Rahi, Deputy Advocate General, for respondent No. 3.
CMP No. 8460 of 2022 This application has been filed on behalf of applicants/respondents/claimants for release of amount of compensation amount, which has been deposited by the appellant in the Reference Court.
No reply has been filed, however, release of entire amount of compensation has been opposed on the ground that there is every likelihood of reduction thereof at the time of final adjudication of appeal.
On behalf of applicants, it has been submitted that respondents-landowners have been deprived from their landed property and they are agitating for just and fair compensation since long.
Applicant No. 1(b) Palak Kumari is minor and applicant No. 1(d) Susheel Kumar has not filed application for ::: Downloaded on - 14/09/2022 20:14:08 :::CIS release of amount in his favour. Therefore, amount of .
compensation falling in shares of Palak and Susheel Kumar is not to be released at this stage.
Considering the rival contentions of parties, it would be appropriate to release only 50% of compensation amount instead of entire amount of compensation.
Accordingly, Reference Court is directed to release 50% of amount falling in shares of all applicants/respondents, except applicants/respondents No. 1(b) Palak Kumari and 1(d) Susheel Kumar, as per their entitlement, in terms of award, along with up to date interest, is ordered to be released in their favour, by remitting the same in their bank accounts, mentioned in para 2 of the application and details whereof shall be supplied by the applicants to the Reference Court alongwith copy of this order.
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 applicants/respondents, they shall be liable to repay the same with interest from the date of receipt till final repayment thereof.
Remaining amount be invested in the Fixed Deposit Receipt, as per rules/procedure by the Reference Court.
The application stands disposed of.
::: Downloaded on - 14/09/2022 20:14:08 :::CIS RFA No. 262 of 2019.
Name of ASGI also be reflected as counsel for appellant in the cause list in future.
(Vivek Singh Thakur), Judge.
14th September 2022 (Keshav) ::: Downloaded on - 14/09/2022 20:14:08 :::CIS