Himachal Pradesh High Court
Lac Hppcl vs Rajinder Singh And Others on 20 May, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
LAC HPPCL vs Rajinder Singh and others .
RFA No. 328 of 2019 20.05.2022 Present: Mr. Shashi Shirshoo, Central Government Counsel for the appellant.
Mr. Ajay Chauhan, Advocate for respondents No. 1 to 5.
Mr. Raju Ram Rahi, Deputy Advocate General, for respondent No.6.
CMP No. 4098 of 2022 The compensation amount stands deposited. Therefore, this application has become infructuous and disposed of as such.
CMP No. 5918 of 2022 This application has been filed on behalf of applicants/respondents No. 1 to 5 for release of amount of compensation in their favour, which has been deposited by appellant in the Registry of this Court.
Though reply has not been filed, however, application has been opposed on the ground that appeal is 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 applicants, very purpose of filing of appeal by appellant would be defeated as if appeal is allowed, it would be difficult to recover the amount from applicant.
Learned counsel for the applicants/respondents No.1 to 5 submits that landed property of applicants has been acquired for public ::: Downloaded on - 21/05/2022 20:05:28 :::CIS purpose and they are agitating for getting the just and fair .
compensation.
Considering the rival contentions of parties, it would be appropriate to release only 50% of compensation amount instead of entire amount of compensation.
Accordingly, Registry is directed to release 50% of awarded amount along with up-to-date interest, falling in their shares, for which applicants/respondents No.1 to 5 are entitled in terms of award passed by learned District Judge, Sirmaur District at Nahan HP by remitting the same in their bank accounts, mentioned in para 3 of application.
The aforesaid release of 50% of amount of compensation shall be subject to final outcome of appeal and in case, excess amount is found to be received by applicants/respondents No.1 to 5, they shall be liable to repay the same with interest from the date of receipt till final repayment thereof.
Application stands disposed of.
May 20, 2022 (Vivek Singh Thakur)
(ms) Judge
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