Allowed

The Renuka Ji Dam Project v. Kirpa Ram through His LRs Smt. Belo Devi and Ors.

Himachal Pradesh HC4 Apr 2023CMP/3336/2023

Case brief

AI extract

What is this about?

The Court allowed an application to release compensation deposited in the Registry. The appeal stood finally decided with no challenge in superior courts. The judgment orders release of compensation with interest to relevant shares.

What did the court decide?

Release of compensation deposited in the Court Registry along with up-to-date interest to respective shares via bank accounts.

The Renuka Ji Dam Project Vs Kirpa Ram through… — Banking and Recovery | Himachal Pradesh HC (2023)

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Ranuka Ji Dam Project & anr. Vs. Kirpa Ram (deceased) through LRs & Ors.

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CMP Nos.11232 of 2022 in RFA No.143 of 2019

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04.04.2023 Present: Mr. Abhishek Dulta, Advocate vice Mr. Shashi Shirshoo, Advocate, for the nonapplicants/appellants.

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Ms Tim Saran, Advocate vice Mr. Pawan K. Sharma, Advocate, for the applicants/respondents No.1 (I to VI), 2 & 3.

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CMP No.3336 of 2023

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For the reasons stated in the application, the same is allowed and the legal representatives of deceased

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Kirpa Ram are ordered to be re-numbered as per description given in para-5 of the application. The application stands disposed of.

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CMP Nos.11232 of 2023

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The present application has been filed on behalf

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of the applicants/respondents No.1 (I to VI), 2 & 3 [now applicants/respondents No.1(i) to 1(viii)] for release of the amount of compensation lying deposited in the Registry of this Court.

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As per the applicants, the appeal filed by the non-applicants/appellants has been finally decided by this Court and no further appeal has been preferred against the said judgment and they require the amount of compensation for their use and rehabilitation. Hence, it is prayed that the

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amount of compensation lying deposited in the Registry of this Court be released in their favour.

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Learned vice counsel for the non-applicants/ appellants has submitted that he does not intend to file any reply to the application as the appeal bearing RFA No.143 of 2019, having been filed by the non-applicants/appellants, stands finally decided vide judgment dated 27.08.2021, passed by this Court and none of the parties to lis has laid challenge to the aforesaid judgment in the superior Court of law and, as such, he has no objection, in case the present application is allowed.

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Heard. Having perused the averments made in the application, which are duly supported with the affidavits of the applicants and the fact that the judgment passed by this Court has attained finality, this Court finds it in the interest of justice to release the amount of compensation, lying deposited in the Registry of this Court, alongwith up-todate interest, falling in the respective shares of applicants/ respondents No.1 (i) to (viii), after proper verification and identification, by remitting the same to their bank accounts, details whereof have been given in para-5 of the application.

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The application stands disposed of.

The Renuka Ji Dam Project v. Kirpa Ram through His LRs Smt. Belo Devi and Ors.

Case brief

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The Renuka Ji Dam Project v. Kirpa Ram through His LRs Smt. Belo Devi and Ors.

Case brief

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What did the court decide?

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The Renuka Ji Dam Project Vs Kirpa Ram through His LRs Smt. Belo Devi and Ors.