CIVIL APPEAL 169 of 2017 on 26 December 2005

2.9.2021Present:Mr. Vivek Negi, Advocate, for theapplicants/appellants.

Mr. Vipul Sharda, Advocate, for respondents/claimants.

CMP No. 8749 of 2021

Applicants-appellants have furnished calculations bytaking date of publication of notification dated 26.12.2005 as initialdate as also was taken by Land Acquisition Collector as well asappellants in calculations (Annexure A-1). Learned counsel appearingfor respondents/claimants submits that though the date has correctlybeen taken as initial date for calculating compensation amount, butcompensation amount already paid, has been deducted at wrong stage,which is causing monetary loss of compensation to the landowners.Be that as it may be, keeping open for the parties to take appropriatesteps for recovering the amount from each other, in accordance withlaw, at this stage, amount as claimed to be refunded in favour ofHPCL in column No.31 of latest calculations, is ordered to be releasedin favour of the applicants-appellants, subject to just all exceptionsand reserving right of the landowners to recover amount, if any,remains due to be paid by the appellants-applicants to them, inaccordance with law. Land owners are also at liberty to fileappropriate application(s) for release of balance amount, subject toreserving their right to recover any other amount, if any, payable tothem by appellant in accordance with law. Learned counsel for theappellants-applicants, submits that appellants-applicants have noobjection in case the remaining amount released in favour of the

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respondents/landowners, on filing appropriate applications.Applications stand disposed of accordingly.

2[nd] September, 2021 (Guleria)

(Vivek Singh Thakur) Judge