Haridwar Development Authority vs Sunil Kumar and Another

V.K. Bist, J.

MCC. No. 877 of 2010 (Misc. Application)

Heard Shri Narendra Bali, learned Counsel for the Respondents.

This application has been filed by the Respondents/applicants to withdraw a sum of Rs. 2,74,000/- deposited by the Appellant in favour of the Respondents/applicants in this Court.

Learned Counsel for the Respondents submitted that the land of the applicants/Respondents was acquired by the Haridwar Development Authority in which compensation was awarded. The said compensation was enhanced by the Reference Court, against which the Haridwar Development Authority came before this Court and preferred First Appeal before this Court. The said Appeal was finally decided on 22.06.2005. Against the judgment and order dated 22.06.2005 passed by this Court, the Appellant Haridwar Development Authority preferred the Civil Appeal before the Supreme Court and the applicants/Respondents also preferred another Civil Appeal for enhancement of award before the Supreme Court. Both the Civil Appeals were decided by a common judgment by the Supreme Court vide order dated 29.01.2010 allowing the appeal filed by the applicants/Respondents thereby increasing the compensation from Rs. 26.25 per sq. ft. to the tune of Rs. 29.50 per sq. ft. Now, the matter has finally been settled.

Learned Counsel for the applicants/Respondents submitted that at the time of filing of the First Appeal in this Court, an order was passed whereby the Appellant was directed to deposit entire decreetal awarded amount. The said amount is still lying with the Registry of this Court. He prayed that the said amount be remitted to Special Land Acquisition Officer, Haridwar.

Prayer of the applicants/Respondents is bonafide. Accordingly, the application is allowed. The Registry is directed to transfer the amount of Rs. 2,74,000/- deposited in this Court alongwith interest which was incurred thereon to the Special Land Acquisition Officer, Haridwar without any further delay.