National Highways Authority Of India vs. Nand Lal Gutpa

Court:Supreme Court of India
Judge:Hon'ble Abhay S. Oka, Augustine George Masih
Case Status:Disposed
Order Date:20 Jan 2025
CNR:SCIN010469292024

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20 Jan 2025

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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S).855 OF 2025 (ARISING OUT OF S.L.P (CIVIL) NO(S).30104/2024)

NATIONAL HIGHWAYS AUTHORITY OF INDIA APPELLANT(S)

VERSUS

M/S SWASTIK ENTERPRISES & ORS. RESPONDENT(S)

WITH

CIVIL APPEAL NO(S).856 OF 2025 (ARISING OUT OF S.L.P (CIVIL) NO(S).30103/2024)

CIVIL APPEAL NO(S).988 OF 2025 (ARISING OUT OF S.L.P (CIVIL) NO(S).30102/2024)

O R D E R

Leave granted.

Heard the learned counsel appearing for the appellant and the learned counsel appearing for the first respondent in the respective Appeals.

The impugned orders are modified by directing that withdrawal of 50 per cent of the compensation amount shall be permitted on the claimants furnishing a bank guarantee of a nationalised bank to the satisfaction of the executing Court. If the bank guarantee is not furnished within a period of three months from today, the concerned executing Court will invest the amount in a fixed deposit with any nationalised bank and the fixed deposit shall be renewed from time to time till further orders.

The Appeals are partly allowed on the above terms.

..........................J. (ABHAY S. OKA)

..........................J. (UJJAL BHUYAN)

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 (c) No(S). 30101/2024

[Arising out of impugned final judgment and order dated 28-11-2023 in FAO No. 5722/2023 passed by the High Court of Punjab & Haryana at Chandigarh]

NATIONAL HIGHWAYS AUTHORITY OF INDIA Petitioner(s)

VERSUS

KULWINDER SINGH & ORS. Respondent(s)

WITH

SLP(C) No. 30104/2024 (IV-B)

SLP(C) No. 30103/2024 (IV-B)

SLP(C) No. 30105/2024 (IV-B)

SLP(C) No. 30102/2024 (IV-B)

Date : 20-01-2025 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN

For Petitioner(s): Mr. K S Kang, Adv. Mr. Amrendra Kumar Mehta, AOR Mr. Sahil A Garg Narwana, Adv. Mr. Ranpal Awana, Adv. Mr. D N Ojha, Adv.

For Respondent(s): Mr. Aabhas Kshetarpal, AOR Mr. Dhiliban Varadarajan, Adv.

UPON hearing the counsel the Court made the following O R D E R

SLP (C) NOS.30101/2024 and 30105/2024

For awaiting service of notice, list the Petitions on 17th February, 2025.

2

Leave granted.

The Appeals are partly allowed in terms of the signed order.

Pending application(s), if any, shall stand disposed of accordingly.

(ASHISH KONDLE) (AVGV RAMU)

AR-CUM-PS COURT MASTER (NSH)

[THE SIGNED ORDER IN SLP (C) NO.30104/2024 ETC. IS PLACED ON THE FILE]