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

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

What the court decided

AI extract

Outcome

All five applications were allowed and disposed of: condonation of the 203-day delay in filing the appeal (CMP(M) No.771 of 2024); bringing on record the legal heirs of deceased respondent No.1-Santu with the abatement, if any, set aside (CMP(M) Nos.498 & 499 of 2025); deletion of respondent No.1(b)-Mahantu Devi's name from the array of respondents with the amended memo of parties taken on record (CMP No.9489 of 2026); and conditional stay of execution/operation of the award dated 25.07.2023 pending the main appeal, subject to deposit of the entire awarded amount with up-to-date interest within six weeks (CMPST No.19996/24). The appeal (RRA No. of 2026; RFA/19656/2024) was registered and admitted, records called for, and post-admission notice directed to respondents No.1(a) to 1(c), returnable within six weeks on taking steps within three days.

Issue for consideration

Whether the delay of 203 days in filing the appeal by the applicants/appellants should be condoned (CMP(M) No.771 of 2024). +4 more

Court's answer

Delay of 203 days in filing the appeal condoned, the delay having been sufficiently explained (CMP(M) No.771 of 2024).

Ratio / Principle

Applications allowed: legal heirs of deceased respondent No.1-Santu, as mentioned in para-3 of CMP(M) No.498 of 2025, ordered brought on record after setting aside the abatement, if any (CMP(M) Nos.498 & 499 of 2025).

Key takeaways

Name of respondent No.1(b)-Mahantu Devi ordered deleted from the array of respondents, subject to all just exceptions (CMP No.9489 of 2026).ratio¶12
Amended memo of parties annexed with the application ordered taken on record (CMP No.9489 of 2026).ratio¶12
Appeal ordered to be registered (RRA No. of 2026; RFA/19656/2024).ratio

Detailed headnote1 paragraphs

Order sheet dated 06.05.2026 of Sushil Kukreja, Judge, in Collector, Land Acquisition & anr. v. Santu (deceased) through LRs — appeal RRA No. of 2026 (RFA/19656/2024): (1) delay of 203 days in filing the appeal condoned as sufficiently explained [CMP(M) No.771 of 2024]; (2) legal heirs of deceased respondent No.1-Santu listed in para-3 of CMP(M) No.498 of 2025 brought on record and abatement, if any, set aside [CMP(M) Nos.498 & 499 of 2025]; (3) name of respondent No.1(b)-Mahantu Devi deleted from the array of respondents as her legal heirs were already on record as respondents No.1(a), 1(c) and 1(d); amended memo of parties taken on record [CMP No.9489 of 2026]; (4) appeal registered and admitted, records called for, post-admission notice to respondents No.1(a) to 1(c) returnable within six weeks on steps within three days; (5) execution/operation of award dated 25.07.2023 passed by the Additional District Judge-I, District Mandi, Himachal Pradesh, in CIS Ref. Petition No.486 of 2013 (Santu Vs. The Collector, Land Acquisition, HPPWD & anr.) stayed during pendency of the main appeal, subject to deposit of the entire awarded amount with up-to-date interest within six weeks; stay open to alteration, modification or vacation on motion.

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)