Punjab-Haryana High Court
Gaganpreet Singh And Ors vs Union Of India on 19 November, 2024
Author: Vikas Bahl
Bench: Vikas Bahl
Neutral Citation No:=2024:PHHC:150995
CR-6424-2024 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
***
CR-6424-2024
Date of decision : 19.11.2024
Gaganpreet Singh and others
... Petitioners
Versus
Union of India
... Respondent
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
Present: Mr.Upender Prasher, Advocate
for the petitioners.
Mr. Rakesh Verma, Advocate
for the respondent.
VIKAS BAHL, J.(ORAL)
1. This is a Civil Revision Petition filed under Article 227 of the
Constitution of India for setting aside the order dated 10.04.2024 (Annexure
P-3) passed by the Railway Claims Tribunal, Chandigarh Bench, vide which
the application i.e., MA/126/2023 (Annexure P-2) filed by the petitioners
for release of the amount of compensation awarded to the petitioners, which
was ordered to be kept in fixed deposit, has been dismissed. A further
prayer has been made in the present petition for issuance of direction to
release the amount of compensation awarded to the petitioners which was
kept in the fixed deposit.
2. Learned counsel for the petitioners has submitted that in the
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present case, vide order dated 22.12.2022 passed by the Railway Claims
Tribunal, Chandigarh, the applicants-petitioners were permitted to
withdraw 10% out of their respective share of the awarded compensation
amount and rest of their share amount was ordered to be invested in a
Nationalized Bank in term deposit for a period of three years and it was
further ordered that the proportionate interest accrued upon their individual
FDRs shall be paid to the applicants individually every month. It is
submitted that the petitioners had filed an application for releasing the
amount of compensation which was ordered to be kept in a F.D. and the said
application was disposed of vide the impugned order, vide which only one
of the applicant i.e., Amanpreet was permitted to withdraw 50% of his share
in the awarded compensation amount and the application qua the other
petitioners was dismissed primarily on the ground that they had not
appeared personally in the case. Learned counsel for the petitioners has
submitted that as per the law laid down by the Coordinate Bench of this
Court in the case of Sahjadi Khatoon and others vs. Union of India, CR-
493-2020 decided on 27.01.2020, the petitioners are entitled to the receipt
of the entire money to which they have been found to be entitled by the
Tribunal and the petitioners cannot be deprived of the entire amount by
keeping substantial part of the same in a fixed deposit. It is further
submitted that the petitioners are in need of the said money, inasmuch as,
they need the same for the reconstruction of their house which is in a
dilapidated condition, for the maintenance of the family and also for the
treatment of petitioner no.4.
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3. Learned counsel for respondent no.1 has submitted that they
have no objection in case the said amount is released to the petitioners.
4. This Court has heard the learned counsel for the petitioners and
has perused the paper book.
5. The Coordinate Bench of this Court in Sahjadi Khatoon and
others's case (supra) has placed reliance upon the case of Rani and others
vs. Union of India, CR-243-2020 decided on 15.01.2020 and has observed
that it is well settled law that where the right to money is based on a final
decree, the original owner has the choice of appropriation of compensation
in the manner he regards best in his interest. The money to which he is
found entitled is to be handed over to him without placing any riders
thereon and that once the compensation has been awarded, the same would
go to the claimant, as no one can question a major person of sound mind as
to how he would put the said money to use. The relevant portion of the said
judgment is reproduced hereinbelow:-
"4. To retrieve the part compensation, the earned counsel
for the petitioner places reliance on Rani's case (supra). At
any rate, it is well-settled in law that where the right to money
is based on final decree and the original owner has the choice
of appropriation of compensation in the manner he regards
best in the interest of that person, the money deposited by the
judgment debtor has to be handed over to the award-holder
without placing any riders thereon. It is trite law that once
compensation amount is awarded by the court, it should go to
the claimant. No one can question a major person of sound
mind entitled to an adjudicated amount of compensation in
an award which has become final, suspecting how the money
would be put to use by the rightful owner. This is not the
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business of the Tribunal. This court hopes that such litigation
should not come to it again.
5. Accordingly, the claim is covered by the judgment and
no 3rd party rights are involved and will be affected nor the
rights of petitioners 2 to 5 since the petition is pressed only as
far as the first petitioner is concerned by keeping the rights of
respondents 1 to 5 as directed by the learned Tribunal.
6. This petition is allowed.
7. As a result, a direction is issued to the learned Tribunal
to disburse the share of the first petitioner (Sahjadi Khatoon)
alone to her bank account to be supplied by her by transfer
through RTGS, within a week of presentation of a certified
copy of this order after verification of credentials and
acknowledgment duly singed by her and retained on case file."
6. The said judgment has been followed in FAO-4000-2024 titled
as "Santra & Ors. vs. Union of India" and other connected matters
decided on 30.08.2024, in which it was observed by the Coordinate Bench
of this Court that the Tribunal ought not to have put clog over the rights of
the claimants and that they should have unfettered right to use the money.
7. Additionally, it is pleaded that the petitioners require the
money for the purpose of construction of their house which is stated to be in
a dilapidated condition, for maintenance of their family and also for medical
expenses of petitioner no.4.
8. Keeping in view the abovesaid facts and circumstances, the
present petition is allowed and the order dated 10.04.2024 to the extent that
the amount to which petitioners no.1, 3 and 4 are entitled has not been
released and also to the extent that 50% of the share of petitioner no.2 has
not been released is set aside and the AR, Registrar, Railway Claims
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Tribunal, Chandigarh is directed to issue necessary directions to the
concerned Branch Manager for releasing the entire amount of compensation
along with interest to the petitioners in proportion to their shares as per the
award dated 22.12.2022 after taking into consideration that 50% of the
share of petitioner no.2 has already been released.
(VIKAS BAHL)
JUDGE
November 19, 2024.
Davinder Kumar
Whether speaking / reasoned Yes/No
Whether reportable Yes/No
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