Renuka Ji Dam Project vs . Partap Singh
2022 Latest Caselaw 7004 HP

Renuka Ji Dam Project Vs. Partap Singh

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RFA No.40 of 2019

22.08.2022 Present Mr. Shashi Kumar Shirshoo, Advocate, for the appellant.

Mr. V.S.Chauhan, Senior Advocate with Mr. Ajay Kashyap, Advocate, for Mr. P.S.Kanwar, Advocate.

While considering the applications bearing CMP Nos.34

of 2022, 36, 37 and 59 of 2022 in RFA No.40 of 2019, whereby prayer

was made on behalf of the respondents/claimants for release of the

award amount lying deposited in the Registry of this Court, it came to

the notice of this Court that few lawyers without there being any

instructions from their respective clients have been filing applications

for release of the amount on behalf of the claimants. Since on 5th

January 2022, some dispute arose on account of engagement of

lawyers /advocates by the respondents/ claimants in CMP No.59 of

2022, this Court deemed it necessary to cause presence of aforesaid

respondents/claimants in the Court. On 7th January 2022, all the

respondents/claimants came present in Court and stated that

application at hand has been filed by them through Mr. Pawan K.

Sharma, Advocate and Mr. Ajeet Jaswal, Advocate. They categorically

stated that they had engaged Mr. M.P. Kanwar, Advocate before the

Reference Court as well as in the instant proceedings i.e. RFA No.40

of 2019 filed by the non-applicant-appellant. They also stated that they

had authorized above named counsel to file appropriate application for

release of the amount, but fact remains that besides application having

been filed by Mr. Pawan K. Sharma, Advocate, Sh. P.S. Kanwar,

Advocate also filed an application for release of amount on behalf of

the respondents/claimants i.e. CMP No.10105 of 2020. In the

aforesaid background, this Court passed the following order on

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07.01.2022:-

Pursuant to order dated 5.1.2022, claimants have come present in the Court and are being represented by Mr. Pawan Kumar Sharma, Advocate.

Mr. Neeraj K. Gupta, learned Senior Counsel, representing the claimants states that as per instructions imparted to him, all the claimants had engaged Mr. MP Kanwar, Advocate, before the reference Court and after enhancement of the award passed by the reference court

and filing of the appeal in this court, they had authorized the above named counsel to file appropriate application for release of the amount. Mr. Gupta, further states that as per information given to him, the claimants in person signed that application and handed over to Mr. MP Kanwar, r Advocate, for filing the same in the Court, but before order, if any, could be passed in the same, Mr. Pritam Singh

Kanwar, Advocate, filed one more application on behalf of the claimants, praying therein for release of 50% compensation amount. Since two applications were filed by two different Advocates, seeking therein release of the compensation amount on behalf of the same claimants and

during proceedings of the case, they levelled serious allegations against each other, this Court restrained itself from passing any order on the applications.

In the meanwhile, appeals having been filed by the

non-applicant/appellant came to be finally disposed of vide judgment dated 2.12.2021, passed in bunch of appeals including the present one and thereafter, Mr. Pawan Kumar

Sharma, Advocate filed fresh application bearing CMP No. 34 of 2022, seeking therein release of entire amount of compensation on behalf of the applicants/claimants.

Before passing orders, if any, on the aforesaid

application, this Court deemed it necessary to summon the parties, especially claimants, so that their identity is ascertained. Applicants/claimants namely, Kaushalya Devi, Balbir, Balwant, Dalip Singh, Jagmohan, Asha Devi, Manti Devi (daughter) and Manti Devi (mother), who are present in the court state on oath that they of their own volition and without there being any external pressure instructed Mr. Pawan Kumar Sharma, Advocate, to file the instant application for release of compensation amount and this application bears their signatures. They further state that CMP No. 6373 of 2020, was also filed by Mr. MP Kanwar, Advocate, on their instructions and they had signed the same personally. They state that they had never authorised Mr. Pritam Singh Kanwar, Advocate, to file any application on their behalf, especially CMP No. 10105/2020, for release of the amount, but he misrepresented to claimant-Balbir that he is practising with Mr. MP Kanwar, Advocate and under such mis-representation, obtained signature of Balbir, but they never signed that application in person.

Mr. Balbir Singh states that Mr. Pritam Singh Kanwar, Advocate, had obtained two blank cheques from him and when he refused to sign the application, he was threatened that these cheques would be presented for encashment in the bank and under this threat, he also appended signatures on behalf of other claimants. All the

claimants stated before this court that their prayer to release the money, as has been made by Mr. Pawan Kumar

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Sharma, Advocate, may be accepted. Their such

statements made on oath are taken on record.

Before considering prayer made in the instant application, this Court deems it fit to ascertain the identity of all the claimants and as such, directs the learned

Additional Registrar (J.) to take their signatures, photographs and photocopies of Aadhar Cards and thereafter place the same on record, enabling this Court to pass appropriate orders.

Having taken note of the serious allegations levelled against Mr Pritam Singh Kanwar, Advocate, this Court

deems it fit to issue show cause notice to him, calling upon him to explain why appropriate action in accordance with law be not taken against him. Accordingly, Registry of this court is directed to issue show cause notice to Mr. Pritam Singh Kanwar, Advocate, specifically, calling upon him to

remain present in the Court on the next date of hearing.

List on 7.3.2022.

2. Pursuant to the directions contained in the aforesaid

order dated 7.01.2022, Mr. P.S.Kanwar, Advocate came before this

Court and filed reply to the show cause notice. Besides above, all the

claimants submitted/furnished their identity before Additional Registrar

(Judicial) in terms of order dated 7.1.2022 and as such, amount lying

deposited in the Registry of this Court was ordered to be released in

their favour, strictly as per their shares.

3. Though, Sh. P.S.Kanwar, Advocate in a reply to show

cause notice denied the allegation levelled against him, but during the

proceedings of the case, it came to the notice of this Court that one

FIR containing similar allegations of cheating stands registered against

above named Advocate at police Station Dadahu, District Sirmaur.

Allegedly, in the aforesaid FIR allegations came to be levelled against

Sh. P.S.Kanwar Advocate that he fraudulently withdrew 18 lac rupees

of the claimant Chanjali Devi. Apart from above, one application

bearing CMP No. 9553 of 2022 in RFA No.239 of 2018 also came to

be listed before this Court on 21.07.2022 filed on behalf of applicant/

claimant Hari Ram. Sh. Hari Ram, who had come present in the Court

stated before this Court that he was never released the amount

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awarded in his favour qua the land of him acquired for the purpose of

construction of Renuka Ji Dam. He categorically stated before this

Court that neither he opened any bank account at Punjab National

Bank, Rajgarh, District Sirmaur nor he had any account in the same

bank and as such, it is not understood how sum of Rs. 29,58,000/-

came to be deposited in that bank. He further stated before this Court

that though he had engaged Sh. P.S. Kanwar, Advocate in acquisition

proceedings, but had never instructed him to file an application for

release of award amount lying deposited in the Registry of this Court.

He stated that factum with regard to release of money in his favour

came to his notice when he was called by Sh. P.S.Kanwar, Advocate

to Punjab National Bank Rajgarh. He stated that since he had already

paid sum of Rs. 4 lac to Sh. P.S.Kanwar, Advocate, he refused to give

further two lac as was being demanded by Sh. P.S.Kanwar, Advocate.

He stated that however out of Rs. 29, 58,000/-, sum of Rs. 20 lac in

cash was given to him, which was invested by him in FDRs and two

insurance policies amounting to Rs. 3,50,000/- each were also given

to him. He stated that sum of Rs. 2 lac was paid by him to Sh.

P.S.Kanwar, Advocate at the time of release of aforesaid amount.

4. Apart from aforesaid Sh. Hari Ram, respondents/

claimants in RFA No.40 of 2019 namely, Kaushalya Devi, Balbir,

Balwant, Dalip Singh, Jagmohan, Asha Devi, Manti Devi also stated

before this Court that though they had engaged Mr. P.S.Kanwar,

Advocate during acquisition proceedings, but had never authorized

him to file application for release of amount in this Court. One of the

claimant namely, Balbir Singh also stated before this Court that he was

compelled by aforesaid counsel to give blank cheques.

5. Mr. Shashi Shirshoo, learned counsel representing the

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appellant informed this Court that on account of acquisition of land in

Renuka Ji area for construction of Hydro project, huge amount of

compensation came to be awarded in favour of the poor and illiterate

persons, and it has come to the notice of the department that some of

the touts in connivance with the revenue officials, advocates as well as

bank authorities have defrauded actual claimants by not telling them

about the correct figure of compensation awarded in their favour.

6. Sh. Hari Ram, respondent/claimant in RFA No.239 of

2018, who has come present in Court today, has again reiterated his

allegations, as detailed hereinabove against Sh. P.S.Kanwar,

Advocate. He states that number of people like him in the area have

been duped by their respective lawyers while getting the amount of

compensation released from the court concerned.

7. Having noticed aforesaid alleged misconduct of some of

the advocates, who by indulging in these unfair practices have not

only brought infamy/bad name to the legal fraternity, but have also

raised question mark over the procedure followed by the courts of law

while ordering release of amount lying deposited with it, this Court

finds it necessary to order investigation of the matter.

8. Though, this Court has been informed that complaint

against Sh. P.S.Kanwar, Advocate is already pending before the Bar

Counsel of Himachal Pradesh, but having noticed aforesaid glaring

aspect of the matter, this Court cannot escape from its responsibility to

streamline the system so that in future, rightful claimants are not

duped/de-frauded and persons responsible for committing fraud are

dealt with in accordance with law.

9. Mr. Sudhir Bhatnagar, learned Additional Advocate

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General while confirming factum with regard to lodging of the FIR

against Sh. P.S.Kanwar, Advocate at police Station Dadahu, fairly

stated that matter needs to be investigated. He stated that since

numbers of people are involved in the alleged fraud played upon the

actual claimants, this Court before ordering lodging of the FIR against

Sh. P.S.Kanwar, Advocate may constitute Special Investigating Team

to ascertain correctness of the allegations levelled by the claimants in

the case at hand or other persons, who have been cheated/duped.

10. Record reveals that approximately 12000 bighas of land

belonging to poor claimants has been acquired by appellant HPPCL for

construction of Renuka Ji Dam and approximately rupees 2500 crores

were likely to be spent by HPPCL for acquisition of land. This Court

has been further informed that majority of the Land Acquisition cases

are being conducted/represented by Mr. P.S. Kanwar, Advocate.

Taking note of serious allegations of fraud committed by

Sh.P.S.Kanwar, Advocate upon the respondents-claimants, as named

hereinabove, though there appears to be no impediment for this Court

to order registration of FIR against the Sh. P.S.Kanwar, Advocate but

before passing such direction, this Court with a view to unearth the

entire scam, deems it fit to constitute Special Investigation Team,

headed by Superintendent of Police, Sirmaur, who alongwith DSP,

Dadahu, DSP Rajgarh and DSP Sangrah, shall conduct the

investigation with regard to allegations of cheating/fraud and

manipulation of records allegedly committed by Mr. P.S. Kanwar,

Advocate as well as other advocates. SIT Constituted by this Court

while enquiring role of the above named lawyer would also investigate

the role of touts, revenue officials (land acquisition authorities) and

other advocates, if any, who fraudulently got the bank accounts of the

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claimants opened in various bank without their knowledge.

11. SIT is directed to conduct the investigation in terms of the

directions contained in the instant order and complete the same within

a period of two months and thereafter report may be submitted to this

Court directly in sealed cover.

12. Learned Additional Advocate General undertakes to

apprise the Superintendent of Police, Sirmaur as well as other officials

of the SIT with regard to passing of the instant order, enabling them to

do the needful well within stipulated time.

List on 3.11.2022.

Authenticated copy.

(Sandeep Sharma) Judge 22nd August, 2022

(shankar)