COLLECTOR LAND ACQUISITION AND ANOTHER v. BEANT KAUR AND OTHERS
CMP/1323/2025 · 2025-01-10
Sandeep Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5795 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5795 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Land Acquisition Collector Vs. Beant Kaur and Others CMP No.1323 of 2025 in RFA No.152 of 2019 10.01.2025 Present: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for non- applicants/appellants. Mr. Amrinder Singh Rana, Advocate, for the applicant/respondent No.1. By way of instant application, prayer has been made on behalf of applicant/respondent No.1 for modification of order dated 03.01.2022, passed by this Court in CMP No.14378 of 2021 in RFA No.152 of 2019, whereby this Court while considering the prayer made on behalf of the applicant/respondent No.1 for release of amount lying deposited with the Registry of this Court, directed Registry of this Court to release 50% of the award amount in favour of applicant/respondent No.1. It is averred in the application that after the perusal of aforesaid order dated 03.01.2022, it transpired that amount sought to be released is not lying deposited with the Registry of this Court, but the same is lying deposited with the learned Reference Court at Nalagarh and as such, necessary directions are required to be given to learned Reference Court at Nalagarh to do the needful in terms of order dated 03.01.2022. While putting in appearance on behalf of non- applicants/appellants, Mr. Rajan Kahol, learned Additional
Advocate General, states that he is not averse to the aforesaid prayer made on behalf of the applicant/respondent No.1. Having taken note of the fact that vide order dated 03.01.2022, this Court has already allowed the prayer of the applicant/respondent No.1 for release of 50% of the award amount, coupled with the fact that amount, otherwise ordered to be released in terms of afore order, stands deposited with the learned Reference Court at Nalagarh, this Court sees no impediment in accepting the prayer made in the application. Consequently, in view of the above, present application is allowed and order dated 03.01.2022, passed by this Court in CMP No.14378 of 2021 in RFA No.152 of 2019, is modified to the extent that 50% of the award amount, ordered to be released in terms of aforesaid order, shall be released by learned Reference Court at Nalagarh, by remitting the same in her saving bank account, details whereof are already given in Para 4 of CMP No.14378 of 2021. Needless to say, remaining amount shall be kept in FDR, till further orders. Application stands disposed of.
January 10, 2025
(Sandeep Sharma),
(Rajeev Raturi) Judge