Himachal Pradesh High Court
Lac Hpseb & Anr. vs . Rupinder Dhalta & Ors. on 4 November, 2023
Bench: Jyotsna Rewal Dua
LAC HPSEB & Anr. Vs. Rupinder Dhalta & Ors.
.
RFA No.368 of 2016
04.11.2023 Present: Mr. Vishwas Kaushal, Advocate vice Mr. Vivek
Negi, Advocate, for the appellants.
Mr. Davinder Chauhan Jaita, Advocate, for
respondents No.1, 2 and 4.
Mr. Y.P. Sood, Advocate, for respondent No.3.
CMP No.12298 of 2022
This application has been moved on behalf of
Sh. Rupinder Dhalta (respondent No.1) and Sh. Pramod
Singh Dhalta [respondent No.2(b)] for release of the
amount of compensation. The prayer has been made in
view of the fact that the main appeal was decided on
13.09.2019. Learned counsel for the parties have jointly
submitted that the judgment has attained finality and no
appeal against the same has been carried forward by any
of the parties.
2. Sh. Rupinder Dhalta and Smt. Ujlu Devi were the
original respondents in the main appeal. During the
pendency of the appeal, Smt. Ujlu Devi died and was
substituted by her legal heirs, i.e. Sh. Rupinder Dhalta,
Sh. Pramod Singh Dhalta, Smt. Rohita and Smt. Pritma.
Sh. Rupinder Dhalta was already in the array of parties as
respondent No.1. Consequently, the other three legal heirs
were brought on record as respondents No.2(a) to 2(c).
3. Learned counsel for the applicants submitted that
.
Smt. Pritma [original respondent No.2(c)] has no objection
for releasing the entire compensation amount in favour of
the applicants-Sh. Rupinder Dhalta and Sh. Pramod Singh
Dhalta. That Smt. Pritma has no intention to claim any
share in the compensation amount. It was further
submitted that
this application seeking
compensation amount in favour of Sh. Rupinder Dhalta
and Sh. Pramod Singh Dhalta is also supported with the
release of
affidavit of Smt. Pritma.
Learned counsel for the applicants has also
placed on record copy of the registered will dated
21.02.2011 executed by original respondent No.2-Smt.
Ujlu Devi, devolving her immovable property in favour of
Sh. Rupinder Dhalta and Sh. Pramod Singh Dhalta in
equal shares. Learned counsel also referred to Annexure
A-3, wherein mutation No.287 qua the immovable property
owned by Smt. Ujlu has been attested in favour of
Sh. Rupinder Dhalta and Sh. Pramod Singh Dhalta. It has
been submitted that the land originally owned by Smt. Ujlu
Devi has been acquired by appellant No.2-Corporation and
after the acquisition of this land, Smt. Ujlu Devi did not
own any other land in the area. It was also submitted that
the registered will dated 21.02.2011 executed by Smt. Ujlu
Devi in favour of her two sons has not been challenged by
.
other legal heirs.
4. Learned counsel appearing for Smt. Rohita
[original respondent No.2(b)] opposed the release of entire
compensation amount in favour of two sons of Smt. Ujlu
Devi. It was submitted that Smt. Rohita, being the
daughter of deceased Smt. Ujlu Devi, was entitled to the
compensation amount to the extent of her 1/4th share.
Learned counsel, however, submitted that respondent
No.2(b)-Smt. Rohita would have no objection, whatsoever,
in case 75% of the compensation amount is released in
favour of the applicants, i.e. Sh. Rupinder Dhalta and
Sh. Pramod Singh Dhalta. This proposal is acceptable to
learned counsel for the applicants.
5. In view of the above, this application is allowed
and 75% of the compensation amount in terms of the
judgment is ordered to be released in favour of
Sh. Rupinder Dhalta and Sh. Pramod Singh Dhalta as per
their share, i.e. 68.75% in favour of Sh. Rupinder Dhalta
and 18.75% in favour of Sh. Pramod Singh Dhalta. The
amount be released in their bank accounts, details whereof
have been given in para 12 of the application. 1/4th share
of the compensation amount payable to original
respondent No.2-Smt. Ujlu shall be subject to further
orders that shall be passed in the matter.
The application stands disposed of.
.
Jyotsna Rewal Dua
November 04, 2023 Judge
Mukesh
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