Allowed

Satya Devi (deleted), R-2 Sh. Vipin Sharma v. Lac and Ors.

Himachal Pradesh HC12 Jul 2024CMP/10958/2024

Case brief

AI extract

What is this about?

In CMP 10958/2024, the court allowed the application to delete the deceased appellant from the record while confirming the standing of her legal heirs. In CMP 10960/2024, the court permitted the release of land acquisition compensation along with interest to the applicants based on verified share details.

What did the court decide?

Release of awarded compensation amount along with proportionate interest to applicants in terms of their shares after identity verification.

Satya Devi (deleted), R-2 Sh. Vipin Sharma Vs Lac… — Land Acquisition | Himachal Pradesh HC (2024)

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Satya Devi (since deceased) through LRs. and others vs. The Land Acquisition Collector and others

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CMP No.10958/2024 in RFA No.412 of 2010

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12.07.2024 Present:

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Mr. Sumit Sharma, Advocate, vice Mr. Pradeep Verma, Advocate, for the applicants/appellants.

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Mr. B.N. Sharma, Additional Advocate General, for nonapplicant/respondent No.1/State.

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Mr. K.D. Sood, Senior Advocate with Mr. Rahul Gathania, Advocate, for non-applicant/respondent No2.

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CMP No.10958/2024

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No reply is intended to be filed on behalf of the nonapplicants/respondents. The non-applicants/respondents have no objection, if in case, the amount as is being sought to be released in the present application, is ordered to be released.

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From perusal of the application, it is evident that appellant No.1-Satya Devi died on 31.10.2011. The right to claim on her behalf inheres/survives in her legal heirs. The legal representatives of deceased appeallant No.1 are already on record as applicants/appellants No.2 to 5. In view thereof, the application is allowed. Name of deceased appellant No.1-Satya Devi, is ordered to be deleted from the array of the appellants.

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Application stands disposed of.

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Amended memo of parties be filed within two weeks.

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CMP No.10960/2024

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The present application has been filed on behalf of applicants No.2 to 5, namely, Vipin Bihari Sharma, Nishi Kant, Anju Sharma, Rashmi Sharma and applicants No.8 to 11, namely Nirmala, Sunil Dutt, Sudha Devi and Sushma Devi.

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-2-

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The appeal (RFA No.412 of 2010), in the case at hand, was decided on 24.08.2018. As per the applicants, no appeal/Special Leave to Appeal has been preferred against the said judgment before the Hon’ble Supreme Court.

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Other than the aforesaid, for the reasons stated in the application, the same is allowed. The awarded amount, lying deposited in the Registry of this Court along with proportionate interest accrued thereupon, is ordered to be released in favour of the applicants/appellants in terms of the shares, details of which, have been given in Paragraphs-4 & 5 of the application. The amount be remitted to their bank accounts, details whereof, have been given in Paragraph-6 of the application (Annexure A-2 to A-9), subject to proper verification of their identity.

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Application stands disposed of.

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July 12, 2024 (KS)

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( Bipin C. Negi ) Judge

Satya Devi (deleted), R-2 Sh. Vipin Sharma v. Lac and Ors.

Case brief

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Satya Devi (deleted), R-2 Sh. Vipin Sharma v. Lac and Ors.

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