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High Court of Himachal Pradesh · body

2015 DAILYLAW 2063 (HP)

LAND ACQUISITION COLLECTOR v. NIKKU RAM

CMP/21100/2026 · 2026-08-21

Sushil Kukreja

body2015

Judgment text

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LAC & anr. Vs. Nikku Ram & ors. RFA No.471 of 2015 21.08.2026 Present: Mr. Manoj Chauhan, Additional Advocate General, for the non-applicants/ appellants. Mr. O.C. Sharma, Advocate, for the applicants/ respondents. As per report of the Registry, an excess amount to the tune of Rs.8,88,677.63 has inadvertently been released by the Registry in favour of applicants-respondents No.2 to 4, i.e. Rs.2,96,225.37 each in favour of Mansa Ram, Lachami Singh @ Laxmi Singh & Dasoda @ Dasonda (respondents No.2 to 4), respectively, which is required is to be recovered from them and the said excess amount is to be released in favour of respondent No.1-Nikku Ram. 2. Therefore, let Court notice be issued to respondents No.2 to 4 to refund aforesaid excess amount of Rs.8,88,677.63, returnable within four weeks. List thereafter CMP No.21100 of 2026 3. The present application under Section 152 read with Section 151 of CPC has been maintained by applicants/ respondent No.6(a)(i) to 6(a)(iii) for amendment and rectification of order dated 22.07.2026, passed in CMP No.449 of 2026 and to release the remaining amount of compensation in favour of applicants/respondents No.6(a)(i) to 6(a)(iii), i.e. Narotam Singh, Inder Pall alias Inder Jeet & Kamla Devi, respectively, falling in the share of deceased respondent No.6(a)-Tulsi Devi, alongwith up-to-date interest and is lying deposited in the Registry of this Court, as per their respective shares. 4. As per the applicants, the learned counsel representing the applicants escaped the notice of passing of order dated 08.01.2024 due to bonafide mistake and could not define properly the shares of applicants in the earlier detail of shares, Annexure A-3 herein. The said mistake has been pointed out by the Accounts Branch of this Registry during the process of release of the amount in the accounts of the applicants. The learned counsel has now prepared the fresh detail of shares in conformity with order dated 08.01.2024 passed in CMP(M) No.1346 of 2023, Annexure A-4, and he seriously regrets for the mistake occurred in the earlier detail of shares by not depicting therein the actual shares. 5. No reply is intended to be filed. Learned Additional Advocate General has stated that he has no objection in case the prayer made in the application is allowed. 6. Heard. Having perused the averments made in the application, which are duly supported with affidavit of applicant- Narotam Singh [respondent No.6(a)(i)], this Court finds it in the interest of justice to release the entire balance amount of compensation, alongwith up-to-date interest, falling in the share of deceased respondent No.6(a), in favour of applicants/ respondent No.6(a)(i) to 6(a)(iii), as per their respective shares, which is lying deposited in the Registry of this Court, after proper verification and identification by remitting the same to their respective bank accounts, details whereof have been given in para-9 of the application. 7. Before parting with this order, it may be pertinent to mention here that this Court has come across several cases, in which shares are not defined in the application(s) for release, which causes a lot of inconvenience to the Court as well as to the Registry. Therefore, after obtaining necessary approval from Hon’ble the Chief Justice, in future, the Registry is directed not to accept the application(s) for release of the amount until or unless the shares of the applicants are properly defined. The application stands disposed of. ( Sushil Kukreja ) Judge August 21, 2026 (V.Himalvi) 2,97