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High Court of Punjab and Haryana · body

2017 DAILYLAW 3425 (PNJ)

ROSHAN LAL AND ORS. v. UNION OF INDIA

FAO/3601/2017 · 2026-07-07

Harkesh Manuja

body2017

Judgment text

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FAO-3601-2017 (O&M) --1-- 267 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-3601-2017 (O&M) Decided on:-07.07.2026 Roshan Lal and others ….Appellants. vs. U.O.I. thr. its General Manager, Northern Railways, Baroda House, New Delhi ….Respondent. CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: None for the appellant Mr. B.S. Kanwar, Senior counsel for the respondent-UOI. ***** HARKESH MANUJA J. (Oral) 1. The short prayer made in the present appeal has been for setting aside of the order dated 03.03.2017 passed by the learned Railway Claims Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as, “ld. Tribunal”), to the extent that the direction with respect to deposit of compensation in the shape of FDR be set aside and the same be released to the appellants. The operative part of the order dated 03.03.2017 is extracted hereunder:- “The present claim application is allowed and the applicants are held entitled to receive a sum of Rs.8,00,000/- (Rupees eight Lacs only) in the manner that the applicants No.1 to 3, namely, Roshan Lal son of Shree Niwas, Ramesh Kumar son of Shree Niwas, Suresh Kumar son of Shree Niwas will get a sum of Rs.2,66,666/- only) each (total amount as eight lacs only) in equal shares as compensation from the respondent railway SONIKA 2026.07.09 17:40 I attest to the accuracy and authenticity of this document FAO-3601-2017 (O&M) --2-- administration with simple interest 9% per annum from the date of filing the claim application i.e. 11.11.2014 till the date of order. However, out of compensation amount awarded in favour of the applicants, initially only 15% will be released to them in cash and rest of the amount together with interest accrued thereon, shall be kept in fixed deposit in their favour in the same bank for a period of three years in case of a maior. However, after one year, 1/3 of the amount will be released to the applicants, and another 1/3 after completion of two years and remaining amount will be released after completion of third year. Applicants are directed to provide fresh bank account numbers with full details of the bank situation nearest to their place of residence to the respondent railways within 30 days. The respondent railway will make the payments within 60 days from the date of receipt of Bank Account numbers and bank details failing which the applicants shall be entitled simple interest @ 12% per annum from the date of this order till the payments are made. The Presenting Officer is directed to ensure payments to the applicants to the nearest bank of their place of residence.” A perusal of the aforementioned order shows that initially 15% of the compensation amount was to be released to the claimants in cash and with respect to the remaining amount, FDR was to be prepared for a period of 3 years in case of a major, however, after one year, 1/3rd of the amount was to be released to the claimants and another 1/3rd was to be released on completion of two years and the remaining amount was to be released upon completion of 3rd year. The award was passed on 03.03.2017 and the entire process of realization of the compensation amount was to be concluded upon expiry of three years from the date of passing of the award. 2. No one has chosen to appear on behalf of the appellants. It appears that upon compliance of the aforesaid directions issued by the learned SONIKA 2026.07.09 17:40 I attest to the accuracy and authenticity of this document FAO-3601-2017 (O&M) --3-- Tribunal, the amount of compensation stood released to the claimants/appellants and therefore, they may not be interested in pursuing the present appeal. 3. In view of the above, the present appeal stands disposed of. However, in case, the amount is still not paid, the appellants shall be at liberty to seek revival of the present appeal. 4. Pending miscellaneous application(s), if any, shall also stand disposed off. 07.07.2026 (HARKESH MANUJA) sonika JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/ No SONIKA 2026.07.09 17:40 I attest to the accuracy and authenticity of this document