Extracted from the PDF above. The PDF is authoritative.
NTPC Ltd. Vs. Shankar and Ors. CMP Nos.15755 and 15757 of 2025 In RFA No.44 of 2015
25.07.2025 Present: Ms. Rinki Kashmiri, Advocate, vice Mr. Janesh Gupta, Advocate, for the non- applicant/appellant. Ms. Veena Sharma, Advocate for the applicants/respondents. CMP No.15755 of 2025
No reply is intended to be filed on behalf of the non-applicant. Non-applicant has no objection, if in case, the present application is allowed and the legal heirs of deceased respondent No.26, are ordered to be brought on record. Respondents No.26-Achhru @ Achara Ram, is stated to have died on 11.03.2017. The same is evident from the death certificate appended along with the application. The details of legal heirs in whom the right to receive compensation survives have been given in para 5 of the application. The deceased have made a registered Will dated
15.11.2014. The copy of the same has been appended with the present application. From a perusal of the same, specifically para 4(iv) thereof, it is evident that the lands in question, which have been acquired, in the case at hand, by virtue of the Will, compensation qua the same has to be released in favour of the applicant i.e. Sh. Sukh Ram, as the same had been bequeathed in favour of the present applicant. In view of the same, present application is allowed and Sh. Sukh Ram, legal heir of deceased respondent No.26, in whom the right to receive compensation, in terms
of registered Will, made by the deceased respondent No.26, is arrayed as party i.e. respondent No.26(i). Amended memo of parties filed along with CMP No.15757 of 2025, is ordered to be taken on record. Application stands disposed of. CMP No.15757 of 2025
No reply is intended to be filed on behalf of the non-applicant. Non-applicant has no objection, if in case the present application is allowed and the amount lying deposited in the Registry of this Court is ordered to be released in favour of the applicant. The appeal, in the case at hand, was decided by the Coordinate Bench of this Court on 06.04.2018. Learned counsel for the parties submit that there are no further proceedings pending against the same in the Apex Court.
Other than the aforesaid, for the reasons mentioned in the application, application is allowed and amount lying deposited in the Registry of this Court is ordered to be released in favour of the applicant in terms of the share mentioned in para 13 of the application along with the upto date interest accrued thereupon. The same be remitted in the bank account of the applicant, details whereof have been given in para 13 of the application, subject to proper verification of his identity. Application stands disposed of. (Bipin C. Negi) Judge 25th July, 2025
(Gaurav Rawat)