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2025 DAILYLAW 19917 (HP)

BALWANT SINGH v. INDU KHANNA AND OTHERS

CMPMO/612/2022 · 2025-08-26

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:28838 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 612 of 2022 Decided on: 26.08.2025 Balwant Singh … Petitioner Versus Smt. Indu Khanna and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ___________________________________________________________________ For the petitioner : Mr. Pratap Singh Goverdhan, Senior Advocate with Mr. Nitin Sood, Advocate. For the respondents : Mr. Pranshul Sharma, Advocate for respondent No. 1. : Mrs. Shreya Chauhan, Advocate for respondent No. 2. : Mr. Rajpal Thakur, Addl. AG for respondents-State. Ajay Mohan Goel, Judge (Oral) By way of this petition filed under Article 227 of the Constitution of India, the petitioner has challenged order dated 03.09.2022, in terms whereof, the application filed by the petitioner for issuance of a direction to the Land Acquisition Collector-cum- Competent Authority, to release compensation amount of Rs. 92,09,894/- has been dismissed. 2. I have heard learned Counsel for the parties and also carefully gone through the impugned order. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:28838 3. It is a matter of record that out of the total compensation amount of Rs.1,54,09,894/-, an amount of Rs.62,00,000/- has already been released in favour of the petitioner and the remaining amount has been withheld by the Land Acquisition Collector on account of pendency of the litigation between the petitioner and the private respondents herein. The Court stands informed that the case is at the stage of recording of the evidence before the learned Court below. This Court is of the considered view that as there is litigation going on between the parties and as a substantive part of the compensation amount has been released in favour of the petitioner, it would be in the interest of justice, in case, this petition is disposed of with the direction to the learned Court below to decide the case as expeditiously as possible. Ordered accordingly. However, in case, the Court is not in a position to dispose of the case by 31.03.2026, then liberty is reserved to the petitioner herein to move a fresh application for the release of some part of the amount which has been withheld by the CALA and in the event of any such application being filed, let appropriate orders thereupon be passed by the Court concerned in accordance with law. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge August 26, 2025 (narender)