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2025 DAILYLAW 19879 (HP)

DAYAL CHAND v. COLLECTOR LAND ACQUISITION

CMP/25035/2024 · 2025-03-28

Bipin Chander Negi

body2025

Judgment text

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Dayal Chand and another vs. Land Acquisition Collector, HPPWD and others CMP Nos.25035 & 25036 of 2024 in RFA No.341 of 2015 28.03.2025 Present: Ms. Naveen K. Bhardwaj, Advocate, for the applicants/ appellants, except appellant No.2, who is stated to have expired. Mr. Diwakar Dev Sharma, Additional Advocate General, for the non-applicants/respondents. CMP No.25035 of 2024 No reply is intended to be filed on behalf of the non- applicants. The non-applicants have no objection, if in case, the application is allowed and the legal heirs of deceased appellant No.2- Jindu are brought on record as is being sought in the present application. Appellant No.2-Jindu has expired on 25.02.2019. The same is evident from the Death Certificate appended along-with present application as Annexure A-2. The right to sue inheres/survives in the legal heirs of deceased appellant No.2- Jindu. Details of the legal heirs of deceased appellant No.2- Jindu are given in Legal Heirs Certificate, i.e., Annexure A-3 appended along with the present application. One of the legal heirs mentioned in the Legal Heirs Certificate, i.e., Annexure A-3 appended along-with present application at running page-147 of the paper book, is Bhimi Ram. He is also stated to have died on 18.04.2021. The said fact is evident from the Death Certificate, i.e., Annexure A-1 appended along with the present application. The details of the legal heirs of deceased Bhimi Ram are given in Legal Heirs Certificate, i.e., Annexure A-4 appended along with the present application. In view thereof, right to receive compensation survives with the legal heirs of said Bhimi Ram. As a consequence of the aforesaid, Khairu Ram, Lal Chand, Thakri Devi, Rami Devi, Gambhiri Devi and legal heirs of deceased Bhimi Ram, i.e., Bhagi Ram, Rakesh Kumar, Kheli Devi and Rami Devi, are brought on record. Amended memo of parties appended with the present application is ordered to be taken on record. The application stands disposed of. CMP No.25036 of 2024 Learned Additional Advocate General submits that no further proceedings against the judgment passed in the main appeal dated 01.08.2018 is pending adjudication before the Apex Court. Other than the aforesaid, learned Additional Advocate General submits that they have no objection if in case the amount lying deposited in this Registry of this Court along-with proportionate interest accrued thereupon, is released in favour of the applicants. The instructions so filed vide communication dated 21.03.2025 are taken on record. Other than the aforesaid, for the reasons stated in the application, the same is allowed. The amount lying deposited in the Registry of this Court along-with proportionate interest accrued thereupon is ordered to be released in favour of the applicants in terms of their shares. The amount be remitted to the bank accounts, details whereof, have been given in Paragraph-7 of the application, subject to proper verification. The application stands disposed of. ( Bipin C. Negi ) March 28, 2025 (KS) Judge