COLLECTOR LAND ACQUISITION v. RAJ PAL (DECEASED THROUGH LRs) AND OTHERS
CR/119/2018 · 2025-05-07
Satyen Vaidya
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8975 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8975 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CR No.119 of 2018 Decided on: 07.05.2025 Land Acquisition Collector ….Petitioner Versus Raj Pal (deceased through LRs) & others ...Respondents Coram Hon’ble Mr. Justice Satyen Vaidya, Judge Whether approved for reporting? For the petitioner: Mr. C.N. Singh, Advocate. For the respondents: Mr. Shanti Swaroop, Advocate. Satyen Vaidya, Judge
(Oral) The instant petition assails the order dated 07.05.2018, passed by learned Additional District Judge-II, Una, District Una, in Execution Petition No.66 of 2017. 2. The impugned order reads as under:
“Up to date calculations of amount filed by learned counsel for the decree holder and placed on record. As per calculation, an amount of Rs.2,00,00,000/- and Rs.79,56,521/- has been deposited by the respondent before Hon'ble High Court through separate cheques. The amount so deposited is deficient as per original award passed by the Court dated 31.12.2010. The amount deposited was deficient to the amount of Rs.27,70,723/- (at the time of deposit i.e.
2 19.5.20111). Now up to date balance amount which still remains to be deposited/paid by the respondent is around Rs.56,79,982/-. Learned counsel for the respondent has prayed some time to deposit the deficient along with up to date interest. Prayer allowed. List for making payment on 4.6.2018.”’
3. The order does not reflect that the petitioner herein had raised any objection to the order directing it to deposit additional amount of Rs.56,79,982/-. Rather the impugned order suggests that learned counsel for the petitioner herein had prayed for time to deposit the deficient amount. 4. In this view of the matter, I am of the considered view, the petitioner has no right to assail the impugned order by way of instant petition as the said order does not suffer from any illegality or perversity. However, the dispute raised by the petitioner is pure and simple with respect to the calculation of amount payable to the respondents in terms of the award passed by learned reference Court. 5. Accordingly, the instant petition is disposed of by directing learned executing Court to decide on the issue of calculation of the amount of compensation payable to the respondents under the award passed by learned reference Court. Both sides shall be at liberty to place on record their calculations.
Keeping in view the long pendency of the matter, it is expected
3 from the learned executing Court that the execution petition shall be disposed of expeditiously and in any case not later than
30.06.2025. 6. Parties are directed to appear before the learned executing Court on 19th May, 2025. 7. Petition is accordingly disposed of along with pending application(s), if any. ( Satyen Vaidya ) Judge May 07, 2025 (vt)