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2025 DAILYLAW 4373 (HP)

COLLECTOR LAND ACQUISITION v. PAWAN KUMAR AND ORS

CMP/17081/2025 · 2026-08-12

Sushil Kukreja

Special Leave Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

LAC & another vs. Pawan Kumar & Ors. CMP No.17081 of 2025 in RFA No.143 of 2018 12.08.2026 Present: Mr. Manoj Chauhan, Additional Advocate General, for non-applicants/State. Ms. Veena Sharma, Advocate, for the applicants/respondents. CMP No.17081 of 2025 The present application under Section 151 of CPC, has been filed by the applicants/respondents No.1 to 8, namely Pawan Kumar, Sarwan, Ram Pyari, Rattan Lal, Kapil, Narender Nirmala Devi and Jeet Ram, for release of awarded amount in their favour, as per their shares, as lying deposited in the Registry of this Court. The application is duly supported with affidavits of all the applicants. As per the applicants, they are poor and have got no sufficient source of income to meet out their day to day expenses as well as expenditure likely to be incurred on rehabilitation and, therefore, are in urgent need of money. Hence, their prayer for release of amount of compensation, as lying deposited in the Registry of this Court, may be accepted and the amount, as prayed for, may be ordered to be released in their favour. Learned Additional Advocate General, stated that he doesn’t intend to file any reply to the application, but has objected the same on the ground that an SLP has been preferred against the impugned judgment dated 04.01.2025, passed by this Court and no stay has been granted till date. Heard. Having perused the averments made in the application, which are duly supported with the affidavits of the applicants as well as in view of the aforesaid submission made by learned Additional Advocate General, this Court finds it in the interest of justice to release 50% each of the awarded amount of compensation in favour of applicants/respondents No.1 to 8, namely Pawan Kumar, Sarwan, Ram Pyari, Rattan Lal, Kapil, Narender Nirmala Devi and Jeet Ram, alongwith up-to-date interest, as per their respective shares after proper verification and identification by remitting the same to their saving bank accounts, detail whereof has been given in Para-10 of the application, however the same shall be subject to applicants’ furnishing security to the satisfaction of the learned Registrar General of this Court, undertaking therein that in case the non-applicants/appellants succeed in the SLP, the amount of compensation released in their favour, shall be recovered/adjusted against the amount of security, so furnished by them. Needles to say that the release of the awarded amount, shall be subject to final outcome of the SLP pending before the Hon’ble Supreme Court. Application stands disposed of. ( Sushil Kukreja ) Judge August 12, 2026 (reena)