Collector Land Acquisition and another Vs Sh. Jagtar Singh and Others — Himachal Pradesh HC (2025) — LawSathi Research

Collector Land Acquisition and another Vs Sh. Jagtar Singh and Others — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of 50% of the awarded amount of compensation, strictly as per the shares of the applicants/respondents No. 1 to 3, with up-to-date interest, after proper verification and identification, by remitting the same to their savings bank accounts given in Para-5 of the application; release subject to refund with interest if the appeal is allowed; application stands disposed of.

Issue for consideration

Whether the applicants/respondents No. 1 to 3 (Jagtar Singh, Darshan Singh and Harbans Singh) are entitled to release, as per their shares, of the award amount with up-to-date interest lying deposited in the Registry of this Court, during the pendency of RFA No.283 of 2019.

Ratio / Principle

Having perused the application supported by the affidavits of the applicants, and considering that the appeal may take sufficiently long time for final adjudication, this Court found it in the interest of justice to release 50% of the awarded amount of compensation in favour of the applicants/respondents, strictly as per their shares, alongwith up-to-date interest, after proper verification and identification, by remitting the same to their savings bank accounts detailed in Para-5 of the application.

Key takeaways

The release of the amount is made subject to the final outcome of the appeal; in the event the appeal is allowed, the applicants/respondents (Jagtar Singh, Darshan Singh and Harbans Singh) will have to refund the amount released to them, with interest.ratio¶10

Detailed headnote1 paragraphs

Civil miscellaneous application under Section 151 of CPC filed by the applicant-respondents No. 1 to 3 (Jagtar Singh, Darshan Singh and Harbans Singh) seeking release, as per their shares, of the compensation amount lying deposited in the Registry of the Court, alongwith up-to-date interest, during the pendency of RFA No.283 of 2019; supported by the affidavits of all applicants and opposed by the State on the ground of possible difficulty in recovery if the appeal succeeded. Held: since the appeal may take sufficiently long time for final adjudication, 50% of the awarded amount of compensation was ordered to be released in favour of the applicants strictly as per their shares, alongwith up-to-date interest, after proper verification and identification, by remitting the same to their savings bank accounts detailed in Para-5 of the application. The release was made subject to the final outcome of the appeal, with the applicants obligated to refund the amount with interest in the event the appeal is allowed. Application stands disposed of. (Paras 9-11)

LAC & Anr. vs. Jagtar Singh & Ors.

CMP No.21355 of 2024 in RFA No.283 of 2019

04.01.2025 Present:

Mr. Jitender Sharma, Additional Advocates\ General with Mr. Gautam Sood and Ms. Niyati Thakur, Deputy Advocates General, for the non-applicants/appellants/State.

Ms. Kamlesh, Advocate vice Mr. H.A. Rana, Advocate, for the applicants/respondents.

CMP No.21355 of 2024

The instant application under Section 151 of CPC, has been filed by the applicants/respondents No. 1 to 3, namely, Jagtar Singh, Darshan Singh and Harbans Singh, for release of award amount alongwith up-to-date interest in their favour, as per their shares, as lying deposited in the Registry of this Court. The application is duly supported with the affidavits of all the applicants.

Learned Additional Advocate General stated that he doesn’t intend to file any reply to the application, but has opposed the application on the ground that if the amount, as prayed, is released in favour of the aforesaid applicants/respondents, it would be difficult for the appellants to recover the same from them in the event of appeal being allowed, which would result into the multiplicity of litigation between the parties. Hence, prayer for dismissal of the application has been made.

Heard. Having perused the averments made in the application, which are duly supported with the affidavits of the applicants/respondents, namely, Jagtar Singh, Darshan Singh and Harbans Singh and also in view of the fact that the appeal may take sufficiently long time for its final adjudication, this Court finds it in the interest of justice to release 50% of the awarded amount of compensation in favour of the aforesaid applicants/respondents, strictly as per their shares, as lying deposited in the Registry of this Court alongwith up-to-date interest after proper verification and identification by remitting the same to their saving bank accounts, details whereof have been given in Para-5 of the application.

However, the release of amount will be subject to the final outcome of the appeal and in the event of appeal being allowed, applicants/respondents, namely, Jagtar Singh, Darshan Singh and Harbans Singh, will have to refund the amount, so released to them, with interest.

Application stands disposed of.

( Sushil Kukreja )

January 04, 2025 (reena)