RFA No.46 of 2000. 23.11.2010 Present: Mr. Malay Kaushal, Advocate, for the appellant-applicant. Mr. B.C. Verma, Advocate, for respondent No.1. Mr. A.K. Bansal, Addl. A.G., for respondents No.2. CMP Nos.722 & 729 of 2010. Heard. 2. In RFA No.46 of 2000, the appeal of the NJHPC was partly accepted to the extent that the value of the building, as assessed by the Reference Court was held to be wrong, thus set-aside and the value assessed by the Land Acquisition Collector was restored being correct. The findings of the Reference Court declining the grant of interest under Section 28 of the Land Acquisition Act, was also upheld. Consequently, the Land Acquisition Collector was directed to calculate the amount payable to the reference petitioner within three months, if not already paid and the Cross-Objections by non-applicant were dismissed. 3. The facts reveal that the NJHPC had deposited a sum of `3,70,382/- in RFA No.46 of 2000, which was further deposited in Fixed Deposit Receipts as per practice. Later, an application was moved by the non-applicant for its release, which was registered as CMP No.310 of 2000. Vide order dated 5th September, 2000 by this Court, half of this amount was ordered to be released to -2- him without furnishing any security and the remaining amount was ordered to be released on furnishing the security to the satisfaction of the learned Registrar General of this Court. Accordingly, a sum of `1,85,391/- was released to the non-applicant Charan Dass, without any security. Since he failed to deposit the security qua the balance amount, therefore, it remained deposited in the Bank as per procedure, in the meantime the RFA came to be decided as aforesaid and cross-objections dismissed. 4. Now it is submitted by the learned counsel appearing for the NJHPC that in view of the judgment passed in RFA No.46 of 2000, the remaining amount which remained un-disbursed be released to the NJHPC and the amount which has been released to the non- applicant for which he was not found entitled be restituted. An application under Section 144 of the Code of Civil Procedure for restitution of the amount, registered as CMP No.729 of 2010 has also been filed on behalf of NJHPC. 5. Notice of both these applications was sent to the non-applicant Charan Dass. Mr. B.C. Verma, learned counsel put in appearance for him on the last date of -3- hearing and sought time for reply, but no reply has been filed. 6. In view of this, let the remaining amount, which is lying deposited in the Registry of this Court against the Fixed Deposit Receipts, be released to NJHPC and it be remitted to their bank account, mentioned in para-4 of the application (CMP No.722 of 2010) alongwith interest accrued thereon and qua the balance amount, which was released in appeal aforesaid, in favour of Charan Dass, who wrongly took the benefit of the judgment/ order of the Reference Court, is ordered to be restituted by him with interest @ 12% per annum from the date of its release till its deposit. Therefore, the non-applicant Charan Dass, is hereby directed to refund the amount of `1,85,391/- alongwith interest as aforesaid to the applicant NJHPC. 7. Both these applications are accordingly disposed of. 8. Copy dasti on usual terms. November 23, 2010. (Surinder Singh),J. (Pds)