Himachal Pradesh High Court

CMP.M/1589/2017 of COLLECTOR LAND ACQUISITION HPSEB Vs KANWAR SINGH on 29 December 2017

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2017 29.12.2017 Present: Mr. Rohit Chauhan, Advocate vice counsel for the applicants/appellants. Mr. Ranvir Chauhan, Advocate for respondents No.1 and 2( a ) to 2(c). Mr. Vivek Sharma, Advocate for respondent No.3. CMP No. 10229 of 2017 The application for the reasons stated therein is allowed.

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RFA No. of 2017

Present: Mr. Rohit Chauhan, Advocate vice counsel for the applicants/appellants.

Mr. Ranvir Chauhan, Advocate for respondents No.1 and 2(a) to 2(c).

Mr. Vivek Sharma, Advocate for respondent No.3.

CMP No. 10229 of 2017

The application for the reasons stated therein is allowed. Consequently, the H.P. Pabbar Valley Corporation Limited, one of the applicants/appellants stepped into the shoe of acquiring department i.e. the H.P. Power Corporation Limited, is permitted to file the present appeal. The application stands disposed of.

C.M.P(M) No. 1589 of 2017

Notice. Mr. Ranvir Chauhan, learned counsel appears and accepts service of notice on behalf of respondents No. 1, 2(a) to 2(c) and Mr. Vivek Sharma, learned counsel on behalf of respondent No. 3 respectively. The application being not opposed is allowed. Consequently, the delay as occurred in filing the main appeal stands condoned. The application stands disposed of.

RFA No. of 2017Admit.

Heard. Learned counsel for the appellants submits that as per the record available with him, the enhanced amount of compensation has not been deposited so far. Since the legality and validity of the impugned award has been assailed before this Court in the main appeal, the disposal whereof may take slightly longer time, it would be in the ends of justice that the execution of the impugned award is stayed during the pendency of main appeal, subject to the condition that the enhanced amount of compensation is deposited within eight weeks from today. The application is accordingly allowed. Consequently, the execution of the impugned award during the pendency of the main appeal shall remain stayed. It is, however, made clear that in case the needful is not done within the stipulated period, this order shall stand vacated automatically. The application stands disposed of.

(Dharam Chand Chaudhary)

Judge

December 29, 2017

(naveen)

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