The Collector Land Acquisition,Hppwd and Another Vs Santu — Himachal Pradesh HC (2026) — LawSathi Research

The Collector Land Acquisition,Hppwd and Another Vs Santu — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

All applications allowed and disposed of: legal heirs brought on record after setting aside abatement; 203-day delay in filing appeal condoned; name of Mahantu Devi deleted; appeal admitted with records called and post-admission notice to respondents No.1(a) to 1(c) returnable within six weeks; execution/operation of award dated 25.07.2023 stayed during pendency of the main appeal, subject to deposit

Issue for consideration

Whether the legal heirs of deceased respondent No.1-Santu should be brought on record after condonation of delay and setting aside abatement +3 more

Court's answer

CMP(M) Nos.498 & 499 of 2025 allowed: legal heirs of deceased respondent No.1-Santu ordered brought on record after setting aside the abatement, if any

Ratio / Principle

Delay of 203 days in filing the appeal sufficiently explained and condoned; CMP(M) No.771 of 2024 allowed

Key takeaways

Name of respondent No.1(b)-Mahantu Devi deleted from the array of respondents subject to all just exceptions; amended memo of parties taken on recordratio¶12
Execution/operation of award dated 25.07.2023 to remain stayed during pendency of the main appeal, subject to deposit of the entire awarded amount with up-to-date interest within six weeksratio¶22

Detailed headnote1 paragraphs

Collector, Land Acquisition & anr. v. Santu (deceased) through LRs — batch order dated 06.05.2026 of Sushil Kukreja, J., disposing CMP(M) No.771 of 2024, CMP(M) Nos.498 & 499 of 2025, CMP No.9489 of 2026 and CMPST No.19996/24, and registering/admitting appeal RRA No. of 2026 (RFA/19656/2024): (i) delay of 203 days in filing the appeal condoned; (ii) legal heirs of deceased respondent No.1-Santu (died 10.12.2007) brought on record under Order 22, Rules 4 and 9 CPC and Section 5 of the Limitation Act, abatement set aside; (iii) name of respondent No.1(b)-Mahantu Devi deleted under Order 1, Rule 10 read with Section 151 CPC, her legal heirs standing on record as respondents No.1(a), 1(c) and 1(d); (iv) appeal admitted, records called, post-admission notice issued; (v) execution/operation of award dated 25.07.2023 of the Additional District Judge-I, District Mandi (CIS Ref. Petition No.486 of 2013, Santu Vs. The Collector, Land Acquisition, HPPWD & anr.) stayed pending the appeal, subject to deposit of the entire awarded amount with up-to-date interest within six weeks. Purely interim and procedural orders; no issue on the merits decided.

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

CMP(M) No.771 of 2024

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

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

CMP(M) Nos.498 & 499 of 2025

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.

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.

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.

The applications stand disposed of.

CMP No.9489 of 2026

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).

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.

The application stands disposed of.

CMP(M) No.771 of 2024

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.

The application stands disposed of.

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

Appeal be registered.

Admit. Call for the records.

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.

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

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.

Alteration, modification or vacation, on motion.

The application stands disposed of.

( Sushil Kukreja ) Judge

May 06, 2026

(V.Himalvi)