Collector Land Acquisition and Another Vs Sarwan Singh and Another — Himachal Pradesh HC (2025) — LawSathi Research

Collector Land Acquisition and Another Vs Sarwan Singh and Another — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Partial interim release granted: the reference Court directed to release 30% of the awarded amount falling in the share of applicants/respondents No. 1 and 2 (Sarwan Singh and Kewal Krishan), with up-to-date interest, after proper verification and identification, remitted to their bank accounts; release subject to final outcome of the appeal, with refund carrying interest @ 6% per annum if the appeal is allowed. The application stands disposed of; the admitted appeal is to be listed for final hearing in due course.

Issue for consideration

Whether the applicants/respondents No. 1 and 2 (Sarwan Singh and Kewal Krishan) are entitled to interim release, out of the awarded compensation lying deposited before the reference Court, pending disposal of RFA No. 155 of 2019.

Ratio / Principle

The reference Court is directed to release 30% of the awarded amount falling in the share of the applicants/respondents No. 1 and 2 (Sarwan Singh and Kewal Krishan), along with up-to-date interest, after proper verification and identification, by remitting the same to their bank accounts, details whereof have been given in para-5 of the application.

Key takeaways

Release of the awarded amount shall be subject to the final outcome of the appeal.ratio¶12
In the event of the appeal being allowed, the applicants/respondents No. 1 and 2 will have to refund the amount so released, with interest @ 6% per annum.ratio¶12

Detailed headnote1 paragraphs

Interim release of deposited land-acquisition compensation — Application (CMP No.21353 of 2024) under Section 151 CPC by respondents/applicants No. 1 and 2 (Sarwan Singh and Kewal Krishan) in pending RFA No. 155 of 2019 (LAC & Anr. v. Sarwan Singh & Anr.) sought release of the entire awarded amount with up-to-date interest lying deposited before the reference Court, pleading financial crisis and absence of permanent income; the non-applicant/appellant opposed release on the ground of difficulty of recovery if the appeal succeeded. The Court, on perusal of averments supported by affidavits, directed the reference Court to release 30% of the awarded amount falling in the applicants' share, with up-to-date interest, after proper verification and identification, remitting it to their bank accounts. Release was made expressly subject to the final outcome of the appeal, with refund of the released amount carrying interest @ 6% per annum in the event the appeal is allowed. Application disposed of; the appeal, already admitted, is to be listed for final hearing in due course.

LAC & Anr. Vs. Sarwan Singh & Anr.

RFA No. 155 of 2019

02.01.2025 Present:

Mr. Lokender Kutleria and Mr. Jitender Sharma, Additional Advocates General with Mr. Gautam Sood and Mr. Raj Negi, Deputy Advocates General, for the appellants/non-applicants.

Ms. Kamlesh Kumari, Advocate vice Mr. Amrinder Singh Rana, Advocate for the respondents/applicants.

CMP No.21353 of 2024

The present application under Section 151 CPC

has been filed on behalf of applicants/respondents No. 1 and 2, Sarwan Singh and Kewal Krishan, for release of the awarded amount lying deposited before the reference Court. As per the applicants, they are facing financial crisis for fulfilling their day to day needs as they have no permanent source of income and are in dire need of money. Therefore, it is prayed that the entire amount of the compensation alongwith up-to-date interest, be released in their favour. The application is duly supported with the affidavits of the applicants/respondents No.1 and 2.

Reply to the application has been filed, wherein, contents of the application are denied and dismissal of the same has been prayed, on the ground that in the event of

appeal being allowed, it would be difficult for the nonapplicant/appellant to recover the amount, so released.

Heard. Having perused the averments made in the application, which are duly supported with the affidavits of the applicants, the reference Court is directed to release 30% of the awarded amount, falling in share of the applicants/respondents No. 1 and 2, Sarwan Singh and Kewal Krishan, along with up-to-date interest, which is lying deposited before it, after proper verification and identification by remitting the same to their bank accounts, details whereof have been given in para-5 of the application.

It is made clear that release of the awarded amount shall be subject to final outcome of the appeal and in the event of appeal being allowed, applicants/respondents No. 1 and 2, will have to refund the amount, so released, with interest @ 6% per annum.

The application stands disposed of.

RFA No. 155 of 2019

Since the appeal already stands admitted, list for

final hearing in due course.

(Sushil Kukreja) Judge

(Sumit)

January 02, 2025