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2025 DAILYLAW 8280 (HP)

RENUKA JI DAM PROJECT, HPPCL THROUGH ITS MD AND ANR v. JAI PAL SINGH AND ORS

CMP/5701/2025 · 2025-09-03

Bipin Chander Negi

body2025

Judgment text

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Renuka Ji Dam and anr. Vs. Jai Pal Singh and Ors. RFA No.39 of 2019 03.09.2025 Present: Mr. Shashi Shirshoo, Advocate, for the non- applicants/appellants. Mr. Pawan K. Sharma, Advocate, for the respondents/applicants. CMP No.5701 of 2025 Heard counsel for the parties and perused the pleadings. Respondent No.6 is stated to have died on 07.10.2008. The same is evident from the death certificate appended along with the present application. The details of legal heirs are given in para 3 of the application and same are strictly in consonance with the legal heir certificate appended along with the application. From a perusal of Annexure A6 appended along with the application, it is evident that the amount awarded by the Collector, in the case at hand, has been paid to the legal heirs of deceased respondent No.6 in whom the right to receive compensation survives. For the reasons mentioned in the application, the same is allowed and legal heirs of deceased respondent No.6, as detailed in para 3 of the application are ordered to be brought on record. Other than the aforesaid, respondent No.8 is stated to have died on 30.03.2013. The same is evident from the death certificate appended along with the present application. The details of legal heirs are given in para 5 of the application and same are strictly in consonance with the legal heir certificate appended along with the application. From a perusal of the Will appended along with the present application, it is evident that insofar as deceased respondent No.8 is concerned, the entire property, which has been acquired, in the case at hand, has been bequeathed upon legal heirs Jai Pal and Inder Pal, who already exist on record as respondents No.1 and 7. The right to receive compensation survives in the said legal heirs. Application stands disposed of. CMP No.5702 of 2025 No reply is intended to be filed on behalf of the non-applicants. Non-applicants have no objection, if in case the present application is allowed and the amount lying deposited in the Registry of this Court is ordered to be released in favour of the applicants. The appeal, in the case at hand, was decided on 04.10.2021. Learned counsel for the parties jointly submit that there are no further proceedings pending against the same in the Apex Court. Other than the aforesaid, for the reasons mentioned in the application, application is allowed and amount lying deposited in the Registry of this Court is ordered to be released in favour of the applicants in terms of the share mentioned in para 5 of the application along with the upto date proportionate interest accrued thereupon. The same be remitted in the bank account of the applicants, details whereof have been given in para 7 of the application, subject to proper verification of their identities. Application stands disposed of. (Bipin C. Negi) Judge 03rd September, 2025 (Gaurav Rawat)