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2025 DAILYLAW 2299 (HP)

LAND ACQUISITION COLLECTOR HPPWD AND ORS v. Ram Pal AND ANR

CMP.M/212/2026 · 2026-03-06

Sushil Kukreja

body2025

Judgment text

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LAC & Ors. Vs. Ram Pal & Anr. CMP(M) No. 1576/2025 06.03.2026 Present: Mr. Manoj Chauhan, Additional Advocate General, for the applicants/State. Mr. Rakesh Kumar Thakur, Advocate, for respondent No. 1 and for proposed LRs of deceased respondent No. 2. CMPs(M) No. 211 & 212/2026 Notice. Mr. Rakesh Kumar Thakur, Advocate, accepts service of notice on behalf of proposed legal representatives No. 2(a) to 2(e). The instant applications, under Order 22, Rule 4, read with Section 151 of the Code of Civil Procedure and Section 5 of the Limitation Act, have been filed by the applicant for bringing on record the legal representatives of deceased respondent No. 2, Gurdayal Singh and for condonation of delay in filing the application. The applications are duly supported by an affidavit of Superintending Engineer, NH Circle, HPPWD Shimla, death certificate of the deceased as well as legal heirs certificate. No reply to the applications is intended to be filed and learned counsel for the non- applicants/respondents has no objection in case the same are allowed. As per the applicant, respondent No. 2 has expired on 18.11.2024 and left behind the legal ...2... representatives, as mentioned in para-4 of the application. However, the delay in filing the application has occurred, as it took considerable time to obtain necessary documents and thereafter to prepare and file the application. Therefore, the delay, as occurred is neither intentional, nor willful, but was beyond the control of the applicant and deserves to be condoned in the interest of justice. Heard. Taking into consideration the fact that the delay, as occurred, was beyond the control of the applicant and has been sufficiently explained in the application, as such, the same is condoned. As right to sue still survives in favour of the legal representativess of deceased respondent No. 2, the application is allowed and legal representatives, as mentioned in para-4 of the application (CMP.M No. 211 of 2026) are ordered to be brought on record, after setting aside the abatement, if any. Amended memo of parties, filed alongwith the applications is ordered to be taken on record. The applications stand disposed of. CMP(M) No. 1576/2025 ...3... No reply to the application has been filed despite opportunity granted to this effect. For the reasons stated in the application, which is duly supported by an affidavit of Superintending Engineer, NH Circle, HPPWD Shimla, this Court finds sufficient cause to condone the delay of 20 days’ that has occurred in filing the present appeal. Consequently, the application is allowed and delay of 20 days’ that has occurred in filing the present appeal is condoned. The application stands disposed of. RFA No. /2026 Appeal be registered. Heard. Admit. Mr. Rakesh Kumar Thakur, Advocate, accepts service of post admission notice on behalf of the respondents. He prays for and is granted four weeks’ time to file Power of Attorney on behalf of respondents No. 2(a) to 2(e). As prayed, list on 09.04.2026. In the meantime, let records of the learned Court below be also called for. ….4... CMPST No. 45556/2025 Application be registered. Heard. Subject to deposit of entire award amount, alongwith up-to-date interest, within a period of four weeks, the operation and execution of impugned award dated 19.03.2025, passed by learned Additional District Judge, Nalagarh, District Solan, H.P., in Reference Petition No. 27-NL/4 of 2017, titled Ram Pal & Anr. Vs. LAC HPPWD & Ors., shall remain stayed during pendency of the main appeal. Alteration, modification or vacation, on motion. The application stands disposed of. ( Sushil Kukreja ) Judge 6th March, 2026 (raman)