Disposed

General Manager Northern Railway v. Chander Mohan

Himachal Pradesh HC18 Nov 2015CMP.M/652/2014

Case brief

AI extract

What is this about?

Single judge order disposing of multiple complaints. Allowance of application to delete deceased party based on cited precedent. Condonation of filing delay. Stay on execution of land acquisition award pending main appeal subject to deposit of enhanced compensation.

What did the court decide?

Delay condoned; deceased party name deleted; execution of impugned award stayed pending main appeal subject to deposit of enhanced compensation.

General Manager Northern Railway Vs Chander Mohan — Land Acquisition | Himachal Pradesh HC (2015)

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RFA No._____ of 2015.

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18.11.2015

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Present: Mr. Prince Chauhan, Advocate, vice Mr. Rahul Mahajan, Advocate, for the appellant.

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Mr. Pawan Gautam, Advocate, for respondents No.1 to 5, 7 and 8.

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Mr. Pushpinder Jaswal, Deputy Advocate General, for respondents No.9 and 10.

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CMP No.9766 of 2015.

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Learned Counsel representing the respondentsclaimants has produced the certified copy of the petition under Section 18 of the Land Acquisition Act. The perusal thereof reveals that the same was presented before respondent No.9-Land Acquisition Collector on 24.4.2006. Smt. Prem Kaur, respondent-claimant No.6 had expired thereafter, i.e., on 11.1.2007. Therefore, in view of the law laid down by this Court in Collector Land Acquisition NHPC versus Khewa Ram and others, Latest HLJ 2007 (HP) 270 , and also that the legal representatives of deceased respondent No.6 Smt. Prem Kaur are already on record of this appeal, this application is allowed. Consequently, her name is ordered to be deleted from the array of parties. Necessary corrections be made in the cause title of the appeal accordingly. The application stands disposed of.

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CMP(M) No.652 of 2014.

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Amended memo be filed within a week.

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Heard. Having gone through the contents of the application and also that the delay in other matters arising out of the same award has been ordered to be condoned, the delay of one year, six months and eleven days, as occurred in filing the main appeal seems to be neither intentional nor deliberate and rather stands duly explained. Being so, this application is allowed and the delay, as occurred in filing the main appeal is condoned. The application stands disposed of.

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RFA No._____ of 2015 .

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Admit. List along with RFA No.353 of 2015 arising out

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of the same judgment.

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CMP No._______ of 2015 .

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Heard. Learned Counsel representing the appellant submits that as per the record available with him, the enhanced amount of compensation has not been deposited so far. Since the legality and validity of the impugned award has been assailed before this Court in the main appeal, the disposal whereof may take slightly longer time, it would be in the ends of justice that the execution of the impugned award is stayed during the pendency of the main appeal, subject to the condition the enhanced amount of compensation is deposited within eight weeks from today. The application is accordingly allowed.

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Consequently, the execution of the impugned award during the pendency of the main appeal shall remain stayed. It is, however, made clear that in case the needful is not done within the stipulated period, this order shall stand vacated automatically. The application stands disposed of.

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Copy Dasti.

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November 18, 2015. (Dharam Chand Chaudhary), (rc) Judge.

General Manager Northern Railway v. Chander Mohan

Case brief

What is this about?

What did the court decide?

General Manager Northern Railway v. Chander Mohan

Case brief

What is this about?

What did the court decide?

What the court decided

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