High Court Punjab-Haryana High Court

Deputy Chief Engineer vs Sarwan Singh (Died) And Others on 30 April, 2009

Punjab-Haryana High Court
Deputy Chief Engineer vs Sarwan Singh (Died) And Others on 30 April, 2009
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