State of H.P. & Anr. vs. Ram Lal RFA No.472 of 2019 01.01.2025 Present: Mr. Jitender Sharma and Mr. Lokender Kutlehria, Additional Advocates General with Mr. Gautam Sood and Ms. Niyati Thakur, Deputy Advocates General, for the appellants. Ms. Anita, Advocate vice Ms. Anu Tuli Azta, Advocate, for the respondent. CMP No.21965 of 2024 The instant application has been filed on behalf of the applicant/respondent Ram Lal, for release of the amount of compensation, as per his share, as lying deposited in the Registry of this Court. As per the applicant, the entire amount alongwith interest has already been deposited by the Land Acquisition Collector, H.P., but only Rs.25,00,000/- has been released to him till date. It has further been averred that an amount of Rs.20,00,000/- may be released to him, which is urgently required for the purpose of renovation of his house, which needs urgent repair and also for the payment of his loan limit because due to his illness and poor apple crop in this season, he is unable to arrange money. Besides this, he is already undergoing treatment for cancer for which, some money is required for his regular treatment and as the main appeal is pending adjudication before this Court, which may take some time for its disposal, therefore, a sum of Rs.20 lakhs, may be ordered to be released in his favour. In the reply filed by the non-applicant/appellant, the contents of the para-3 & 4 of the application have been denied qua the maintainability of the application as to whether the applicant is entitled for enhanced amount or not? It is further submitted that the applicant is not entitled to the amount as awarded by learned Additional District Judge and in case, the said amount is released to the applicant, it would be difficult for them to recover the same from him, in the event of appeal being allowed and this will lead to unnecessary litigation. Hence, prayer for dismissal of the application has been made. . Heard. Having perused the averments made in the application, which are duly supported with the affidavit of applicant/respondent Ram Lal and also in view of the fact that the appeal may take sufficiently long time for its final adjudication, this Court finds it in the interest of justice to release an amount of Rs.15,00,000/- in favour of the applicant/respondent Ram Lal, as lying deposited in the Registry of this Court, after proper verification and identification by remitting the same to his saving bank account, detail whereof has been given in copy of the passbook annexed with the application. However, the release of amount will be subject to the final outcome of the appeal and in the event of appeal being allowed, applicant/respondent Ram Lal will have to refund the amount, so released, with interest. Application stands disposed of. ( Sushil Kukreja ) Judge January 01, 2025 (reena)