13.10.2008 Present: Mr. Sandeep Sharma, Assistant Solicitor General of India, for the appellant. Mr. Ajay Chandel, Advocate, for respondent No.1. Mr. Vivek Thakur, Addl. A. G. with Mr. Anil Jaswal, Dy. A. G. for respondent No.2. RFA No.296/2004 The present appeal arises out of the impugned Award dated 10.6.2003 passed by the District Judge, Kullu, in Land Ref. Petition No. 01/2001 titled as Dina Nath vs. Collector, LAC & another. The Union of India is aggrieved of the fact that the evidence led by them has been discarded solely for the reason that the Vendor and Vendee of the exemplar sale transaction were not examined by them. The grievance is also for the reason that the amount has been awarded on the higher side. After the matter was heard for some time, learned counsel for the respondents agreed that the matter be remanded back to the trial Court for consideration afresh. Accordingly, the present appeal is allowed and the matter is remanded back to the concerned Court for consideration afresh on the following agreed terms:- i) The parties shall be permitted to lead fresh evidence, if any. No un-necessary adjournment shall be taken by the parties on this count; ii) The parties shall endeavour to have the matter decided without any delay; iii) The Court below shall endeavour to decide the matter afresh, after affording due opportunity to the parties of leading evidence and hearing the parties on merits, as expeditiously as possible and not later than 30th June, 2009; iv) The remaining amount, deposited in this Court shall be released to the appellant along with up-to-date interest; v) In the event of reduction of amount of compensation after adjusting the amount eventually awarded by the Court, the claimants/respondents herein undertake to refund the excess amount along with interest within a period of three months from the passing of such order by the appropriate Court; vi) The parties undertake to appear before the concerned Court on 3.11.2008. The appeal is allowed with the aforesaid directions. The Land Reference Petition is restored to its original position. A copy of this order and the record be sent back to the concerned Court immediately. (Sanjay Karol ), Judge. October 13, 2008 (rana)