Citation : 2025 Latest Caselaw 723 HP
Judgement Date : 9 May, 2025
Renuka Ji Dam Project and Ors. Vs. Budh Ram & Others.
RFA No.294 of 2024
09.05.2025 Present: Mr. Yashveer Singh Rathore, Advocate, for the non-
applicants/appellants.
Mr. Suresh Saini, Advocate, for the applicants/respondents.
CMP(M) Nos.1361 and 1362 of 2024
No reply is intended to be filed on behalf of the non-
applicants. Non-applicants have no objection, if in case the
present applications are allowed and the legal heirs of deceased
respondents No.1 and 2 are ordered to be brought on record.
Respondent No.1 is stated to have died on 21.08.2017 and
respondent No.2 is stated to have died on 20.09.2019. The said
fact is evident from the death certificates appended along with
the present applications. Details of legal heirs of deceased
respondents No.1 and 2 have been given in para 3 of CMP(M)
No.1361 of 2024, which is in consonance with the legal heir
certificates appended along with the applications. Since the
right to receive compensation survives in the said legal heirs.
For the reasons stated in CMP(M) No.1362 of 2024,
delay in bringing on record LRs of deceased respondents No.1
and 2 is condoned and abatement, if any is set aside. Legal heirs
of deceased respondents No.1 and 2 are ordered to be brought
on record. Power of Attorney on their behalf has already been
filed. Amended memo of parties be filed within two weeks.
Applications stand disposed of.
Application be treated as an application for release
of amount only on behalf of legal heirs of respondents No.1 and
2. Vide separate order they have been brought on record.
The appeal, in the case at hand, had been decided
vide judgment dated 12.11.2021. The learned counsel for the
non-applicants/appellants submits that no reply is intended to
be filed on his behalf and non-applicants/appellants have no
objection, if in case money, which is lying deposited in the
Registry, is ordered to be released in favour of the applicants.
In view of the aforesaid, the amount, which is lying
deposited with the Registry of this Court is ordered to be
released to the applicants in terms of shares along with the
proportionate interest thereupon, details whereof have been
given in para 6 of the application, by remitting the same in their
bank accounts, details whereof have also been given in para 7
of the application. Amount be released only to the legal heirs of
respondents No.1 and 2, subject to proper verification of their
identities.
Application stands disposed of.
(Bipin C. Negi) Judge 09th May, 2025 (Gaurav Rawat)
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