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2026 DAILYLAW 18648 (HP)

COLLECTOR LAND ACQUISITION v. BANGALU ALIAS DAULAT RAM (SINCE DECEASED THROUGH LRs DESH RAJ AND ORS)

CMP/22057/2025 · 2026-08-12

Sushil Kukreja

Special Leave Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

LAC & anr. Bangalu @ Daulat Ram (deceased) through his LRs CMP No.22057 of 2026 in RFA No.59 of 2018 12.08.2026 Present: Mr. Manoj Chauhan, Additional Advocate General, Advocate, for the non-applicants/appellants. Ms. Veena Sharma, Advocate, for the applicant- respondents. CMP No.22057 of 2025 The instant application under Section 151 of CPC has been filed on behalf of applicant No.1(a)-Desh Raj for release of the awarded amount, lying deposited in the Registry of this Court. 2. As per the applicant/respondent No.1(a), he is in dire need of money to meet out his day-to-day expenses. Therefore, it is prayed that the awarded amount of compensation alongwith up-to-date interest may be released in his favour as deceased respondent- Bangalu @ Daulat Ram had executed a Will dated 22.12.2011 (Annexure P-1) in his favour and mutation to this effect was entered, vide Mutation No.208, dated 24.06.2017 (Annexure P-2), thereby excluding the other co-sharers by deceased respondent Bangalu @ Daulat Ram. The application is duly supported with the affidavit of the applicant/ respondent No.1(a). 3. The application is also supported with the affidavits of the other legal heirs of deceased Bangalu @ Daulat Ram, namely, Bimla Devi, Kamla Devi & Nrimala Devi, wherein they have stated that they have no objection if, in terms of the aforesaid Will, the awarded amount of compensation is released in favour of applicant Desh Raj. 4. Learned Additional Advocate General stated that he does not intend to file any reply to the application, but has objected the same on the ground that an SLP has been preferred against the judgment dated 04.01.2025, passed by this Court and no stay has been granted till date. 5. Heard. Having perused the averments made in the application, which are duly supported with the affidavit of the applicant/respondent No.1(a) 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% of the awarded amount of compensation, alongwith up-to-date interest, in favour of applicant/respondent No.1(a)-Desh Raj, which is lying deposited in the Registry of this Court, after proper verification and identification by remitting the same to his bank account, details whereof have been given in para-12 of the application, however, the same shall be subject to the applicant’s furnishing security bond to the satisfaction of 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 his favour, shall be recovered/adjusted against the amount of security, so furnished by him. 6. Needless 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. The application stands disposed of. ( Sushil Kukreja ) Judge August 12, 2026 (V.Himalvi)