Disposed

Collector Land Acquisition and Another v. Santu

Himachal Pradesh HC6 May 2026CMP.M/499/2025

Case brief

AI extract

What is this about?

Interlocutory orders in a pending regular reference appeal arising from a land acquisition award. The court condoned a 203-day filing delay, brought the deceased respondent's legal heirs on record setting aside abatement, deleted a superseded respondent's name, admitted the appeal, and stayed execution of the award subject to deposit.

What did the court decide?

Delay of 203 days condoned; legal heirs brought on record and abatement set aside; respondent No.1(b) deleted; appeal admitted; execution of award stayed on deposit within six weeks.

Collector Land Acquisition and Another Vs Santu — Land Acquisition | Himachal Pradesh HC (2026)

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Collector, Land Acquisition & anr. Vs. Santu (deceased) through LRs

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CMP(M) No.771 of 2024

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06.05.2026 Present: Mr. Manoj Chauhan, Additional Advocate General, for the applicants/appellants.

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Proposed LRs No.1(a),1(c) & 1(d) already ex-parte.

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CMP(M) Nos.498 & 499 of 2025

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The present applications under Order 22, Rules 4 and 9 of the Code of Civil Procedure (CPC) and Section 5 of the Limitation Act have been filed for bringing on record the legal heirs of deceased respondent No.1-Santu, after condonation of delay and setting aside the abatement.

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As per the applicants/appellants, respondent No.1 Santu had died 10.12.2007 and left behind his legal representatives, as mentioned in para-3 of the application [CMP(M) No.498 of 2025], who are required to be brought on record. The applications are duly supported by the affidavit of Er. Pramod Kashyap, Superintending Engineer of the applicantappellant, as well as copies of death certificate and Legal Heirs Certificate.

¶8

Heard. Keeping in view the facts and circumstances of the case, the present applications are allowed and the legal heirs of deceased respondent No.1-Santu, as mentioned in para-3 of the application {CMP(M) No.498 of 2025}, are ordered to be brought on record, after setting aside the abatement, if any.

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The applications stand disposed of.

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CMP No.9489 of 2026

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The present application under Order 1, Rule 10, read with Section 151 CPC has been filed by the applicants/ appellants for deletion the name of respondent No.1(b)Mahantu Devi, from the array of respondents as her legal heirs are already on record as respondents No.1(a), 1(c) and 1(d).

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Heard. Having regard to the averments made in the application, the same is allowed and the name of respondent No.1(b)-Mahantu Devi is ordered to be deleted from the array of respondents, subject to all just exceptions. Amended memo of parties, annexed with the application, is ordered to be taken on record.

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The application stands disposed of.

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CMP(M) No.771 of 2024

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Heard. Having regard to the averments made in the application, which is duly supported with affidavit of Er. Pramod Kumar Kashyap, Superintending Engineer of the applicants/ appellants, the same is allowed and the delay of 203 days in filing the appeal, which in my considered view has sufficiently been explained, is hereby condoned.

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The application stands disposed of.

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RRA No. of 2026 (RFA/19656/2024)

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Appeal be registered.

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Admit. Call for the records.

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Let post admission notice be issued to respondents No.1(a) to 1(c), returnable within six weeks, on taking steps within a period of three days. List thereafter.

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CMP No. of 2026 (CMPST No.19996/24)

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Heard. Subject to deposit of the entire awarded amount alongwith up-to-date interest within a period of six weeks, the execution/operation of award dated 25.07.2023, passed by the learned Additional District Judge-I, District Mandi, Himachal Pradesh, in CIS Ref. Petition No.486 of 2013, titled Santu Vs. The Collector, Land Acquisition, HPPWD & anr., shall remain stayed during pendency of the main appeal.

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Alteration, modification or vacation, on motion.

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The application stands disposed of.

¶25

( Sushil Kukreja ) Judge

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May 06, 2026

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(V.Himalvi)

Collector Land Acquisition and Another v. Santu

Case brief

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Collector Land Acquisition and Another v. Santu

Case brief

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