Himachal Pradesh High Court
General Manager Northern Railway vs . Krishna Devi on 13 May, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
General Manager Northern Railway vs. Krishna Devi .
RFA No. 148 of 2020 13.05.2022 Present: Mr. Anil Chauhan Advocate for the appellant/non-
applicant.
Mr. Ajay Sharma, Sr. Advocate with Mr. Athrav Sharma Advocate for respondent No.1.
Mr. Hemant Vaid, Additional Advocate General, for respondent No.2.
CMP No. 4736 of 2022 This application has been filed on behalf of applicant/respondent No. 1 for release of amount of compensation in her 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 applicant, 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 applicant/respondent No.1 submits that landed property of applicant has been acquired for public purpose and she is agitating for getting the just and fair compensation.
::: Downloaded on - 13/05/2022 20:09:38 :::CISConsidering 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 for which applicant/respondent No.1 is entitled in terms of award passed by learned District Judge, Una, District Una HP by remitting the same in her bank account, mentioned in para 2 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 applicant/respondent No.1, she shall be liable to repay the same with interest from the date of receipt till final repayment thereof.
Application stands disposed of.
May 13, 2022 (Vivek Singh Thakur)
(ms) Judge
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