Sjvn Ltd. General Manager vs. Lumbru Ram (D)

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Civil) No(s).23292/2008 (From the judgement and order dated 25/02/2008 in RFA No. 243/1991 of The HIGH COURT OF H.P AT SHIMLA) SATLUJ JAL VIDYUT NIGAM LTD. Petitioner(s) VERSUS RAJ KUMAR RAJINDER SINGH(D)THRU LRS &ORS Respondent(s) (With appln(s) for permission to file rejoinder affidavit,PERMISSION TO FILE SUPPLEMENTARY AFFIDAVIT and prayer for interim relief and office report) (For final disposal) WITH SLP(C) NO. 22539-22540 of 2008 (With appln(s) for permission to place addl. documents on record, permission to file rejoinder affidavit,PERMISSION TO FILE SUPPLEMENTARY AFFIDAVIT and impleadment and prayer for interim relief and office report) (For final disposal) Date: 02/03/2011 This Petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE R.V. RAVEENDRAN HON'BLE MR. JUSTICE A.K. PATNAIK For Petitioner(s) Mr. P.P. Rao, Sr. Adv. Mr. B.K.Satija,Adv. For Respondent(s) Mr. Dinesh Kumar Garg,Adv. Mr. Abhishek Garg, Adv. Mr. Sukrit Raj Sharma, Adv. Mr. Sumeet Raj Sharma, Adv. Ms. Priya Kashyap, Adv. Ms. Ritu Raj Sharma, Adv. Mr.Himinder Lal ,Adv UPON hearing counsel the Court made the following O R D E R In SLP(C) No.23292/2008, due to oversight, the judgment of the reference Court (District Judge Forest, Shimla) has not been produced. We find at pages 213-232, the judgment of the reference Court in the connected case of Rajinder Kumari. .......2. - 2 - ITEM NO.1 COURT NO.3 DATED 2.3.2011 ...contd. Therefore, the petitioner is directed to produce the judgment of the reference Court in this case and set right the complete papers. Learned counsel for the State of Himachal Pradesh submitted that the issue of ownership of the acquired lands in question is pending consideration before the Divisional Commissioner, Shimla and the matter is fixed for hearing on 6.6.2011.

Having regard to the complex nature of the case and the fact that the acquisition proceedings commenced in 1987, we request the Divisional Commissioner to expedite the hearing and disposal, if necessary, by preponing the hearing after notice to the parties preferably within three months.

We find that on 20.10.2008, learned counsel for the respondent-claimants had stated that the amount in deposit will not be withdrawn by the claimants. To ensure that the amount earne interest, we direct the Registry of the High Court to keep the said amount in fixed deposit, if it has not been so kept.

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( Ravi P. Verma ) ( M.S. Negi ) Court Master Court Master