CMP/353/2021
2021 Latest Caselaw 1233 HP

CMP No. 353 of 2021 in RFA No. 146 of 2016

24.2.2021 Present: Ms.Parul Sarta, Advocate, vice Mr.Kuldeep Singh

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Rathour, Advocate, for non-applicant/appellant.

Mr.Sanjay Bhardwaj, Advocate, for applicants/respondent No. 1 and Legal Heirs of respondent No. 2.

Mr.R.P. Singh, Deputy Advocate General for non- applicants/respondents No. 3 and 4.

This application has been filed for release of

amount of compensation in favour of respondent No. 1 and

legal heirs of respondent No. 2 Ranbir Singh.

It is submitted by learned counsel for the applicants

that Reference Court vide judgment dated 10.4.2015 had

determined the amount of compensation payable to claimants.

The said award was assailed by the appellant by filing RFA No.

146 of 2016, which was allowed on 13.9.2018 and the Land

Reference Petition was remanded to Reference Court for

deciding afresh. It is submitted by learned counsel for the

applicants/claimants that after remand, Reference Court vide

award dated 2.9.2019, copy whereof has been placed on

record with this application, has decided the Reference Petition

and has maintained the amount of compensation as

determined by the Reference Court in earlier award. According

to him, no appeal has been preferred by the appellant against

the said award dated 2.9.2019.

Learned vice counsel appearing under instructions

of original counsel for non-applicant/applicant, has pleaded no

instructions.

Learned counsel for the applicants/claimants

submits that respondent No. 2 had died during pendency of

.

Reference Petition, after remand, before the Reference Court,

which is evident from the copy of award dated 2.9.2019 placed

on record with this application. He further submits that till date

no notice has been received by applicants/claimants, so as to

construe that non-applicant/appellant has assailed the award

dated 2.9.2019.

r It is further submitted by learned counsel for the

applicants/claimants that 50% of awarded amount already

stands released during pendency of RFA No. 146 of 2016 in

favour of Chain Singh and Ranbir Singh.

Considering the entire facts and circumstances,

balance amount for which applicants/claimants are entitled in

terms of award dated 2.9.2019, be released in their favour,

along with up to date interest, by remitting the same in their

respective bank accounts, mentioned in para 8 of the

application.

It is made clear that in case it is found that

applicants/claimants have received excess amount, they shall

be liable to refund the same to non-applicant/appellant along

with interest at the rate of 7.5% per annum.

The application stands disposed of.

(Vivek Singh Thakur), Judge.

24th February, 2021 (Keshav)

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