CM No.7077-CI-2008 in -1-
RFA No.3511 of 2008
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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CM No.7077-CI-2008 in
RFA No.3511 of 2008
DATE OF DECISION: 30.4.2009
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Deputy Chief Engineer, Construction-II Northern Railway,
Chandigarh and another
. . . . Appellants
VS.
Sarwan Singh (died) and others
. . . . Respondent
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CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN
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Present: Mr.Puneet Jindal, Advocate for the appellants.
Mr.Vijay Lath, Advocate with
Mr.Naveen Sharma, Advocate for respondents No.2 & 3.
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RAKESH KUMAR JAIN J.
CM No.7077-CI-2008
Notice in the application was issued.
Learned counsel for the applicants/appellants contends
that the learned reference Court has erred in awarding 50%
amount of compensation towards severance charges. He relies
upon a decision of the Supreme Court in the case of “Manipur Tea
Co.Pvt. Ltd. Vs. Collector of Hailakandi” AIR 1997 SC 1779 to
contend that the actual expenditure to be incurred by the claimant
CM No.7077-CI-2008 in -2-
RFA No.3511 of 2008
on account of severance of his land could be awarded and not @
50% of the amount of compensation.
After hearing learned counsel for the
applicants/appellants, it is directed that they shall deposit the
entire amount of compensation within eight weeks’ from today.
Half of the amount of compensation towards severance charges
shall be released to the claimants on their furnishing adequate
security to the satisfaction of the Executing Court and remaining
half amount of the severance charges shall be released without
surety. With these directions, the present application is disposed
of.
(RAKESH KUMAR JAIN)
APRIL 30, 2009 JUDGE
vivek