Chamera Project Vs Chaman Singh — Himachal Pradesh HC (2025) — LawSathi Research

Chamera Project Vs Chaman Singh — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Amount lying deposited in the Registry of the Court released in favour of the applicants/legal heirs of deceased respondent No.2 with proportionate interest accrued thereon; each legal heir entitled to a 1/4th share of the amount payable to deceased respondent No.2 Naino Devi; payment remitted to their bank accounts subject to proper verification of identities; amended memo of parties to be filed within two weeks.

Issue for consideration

Whether the legal heirs of deceased respondent No.2 are to be brought on record and any abatement arising from her death set aside. +2 more

Court's answer

The legal heirs detailed in para 2 of CMP(M) No.840 of 2025 are ordered to be brought on record; the right to receive compensation survives in the legal heirs of deceased respondent No.2.

Ratio / Principle

The delay in bringing the legal heirs on record is condoned; abatement, if any, is set aside; in any event there is no abatement on account of the death of respondent No.2.

Key takeaways

CMP No.12482 of 2025 is allowed: the amount lying deposited in the Registry is to be released to the applicants/legal heirs of deceased respondent No.2 with proportionate interest accrued thereon; each legal heir is entitled to a 1/4th share of the amount payable to deceased respondent No.2 Naino Devi; the amount is to be remitted to their bank accounts subject to proper verification of their identities.ratio¶13

Detailed headnote1 paragraphs

CMP(M) Nos. 840 and 841 of 2025 in RFA No.87 of 1998: The legal heirs of deceased respondent No.2 (Naino Devi, who died on 24.05.2017, as evidenced by the death certificate appended to the application) were ordered to be brought on record; the delay in bringing them on record was condoned; and abatement, if any, was set aside, there being in any event no abatement on account of her death since the right to receive compensation survives in the legal heirs. CMP No.12482 of 2025 was allowed: the amount lying deposited in the Registry of the Court was ordered to be released in favour of the applicants/legal heirs of deceased respondent No.2 alongwith proportionate interest accrued thereupon, each legal heir entitled to a 1/4th share of the amount payable to the deceased, the amount to be remitted to their bank accounts subject to proper verification of their identities. Amended memo of parties to be filed within two weeks. By Bipin C. Negi, Judge, on 03.06.2025.

Chamera Project vs. Chaman Singh (deceased) through LRs & others.

CMP No.12482 of 2025 in RFA No.87 of 1998

03.06.2025

Present: None for the non-applicants/appellants. Mr. Pawan Chauhan, Advocate, vice Mr. B.N. Mehta, Advocate, for the applicants/respondents.

Mr. Raj Kumar Negi, Additional Advocate General, for respondents No.11 & 12.

CMP(M) Nos. 840 and 841 of 2025

No reply is intended to be filed on behalf of

the non-applicants. Non-applicants have no objection if in case, the legal heirs of deceased respondent No.2 are ordered to be brought on record. Respondent No.2 is stated to have died on 24.05.2017. Right to receive compensation survives in the legal heirs, details whereof have been given in para 2 of the application (CMP(M) No.840 of 2025). The date of death of respondent No.2 is evident from the death certificate appended along with the application. Therefore, legal heirs, as detailed in para 2 of the application (CMP(M) No.840 of 2025), are ordered to be brought on record.

For the reasons stated in the application (CMP(M) No.841 of 2025), the delay in bringing on record is condoned. Abatement, if any, is set-aside. Even otherwise there is no abatement on account of death of respondent No.2. Applications stand disposed of.

Amended memo of parties be filed within a period of two weeks.

CMP No.12482 of 2025

Appeal in the case at hand was decided on

11.09.2007. No further proceedings are pending against the same before the Apex Court. For the reasons mentioned in the application, the same is allowed and the amount lying deposited in the Registry of this Court is ordered to be released in favour of the applicants/legal heirs of deceased respondent No.2 alongwith proportionate interest accrued thereupon. Each legal heir would be entitled to 1/4th share in the amount which was payable to deceased respondent No.2 Naino Devi. The amount shall be remitted to their bank accounts, details whereof have been given in para 4 of the application, subject to proper verification of their identities. Application stands disposed of.

(Bipin C. Negi) Judge

June 03, 2025 (veena)