Apr 14 2015 : The Times of India (Mumbai)
Attach train if rlys doesn't pay up for land: Court
Shimla:
TIMES NEWS NETWORK
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Two farmers from Himachal Pradesh's Una district may become proud owners of the Delhi-Una Janshatabdi Express on April 16 if a court order is executed.Una's additional district and sessions judge Mukesh Bansal on April 9 ordered the attachment of the train if the railways failed to pay compensation to the two farmers whose land was acquired to lay the Una-Amb track in 1998. The court said if Mela Ram and Madan Lal did not get Rs 8.91 lakh and Rs 26.53 lakh respectively , the train would be stopped at Una station at 5am on April 16 and attached by it. Ram and Lal had moved the court against the delay in payment even after the HP high court had directed the railways in 2013 to pay the money within six weeks. Advocate A K Saini, who represented the farmers, said the railways had acquired the land in 1998, following which the farmers filed a case seeking higher damages. In 2009, the railways too moved court, but in 2011 the district court raised the compensation amount and gave the railways three months to appeal.
But railways moved the HC only in 2013, and it ruled that the sum should be deposited in the court in six weeks. The Delhi-Una Janshatabdi Express could be attached by the district court in Una on April 16 if the railways fails to pay over Rs 35 lakh as compensation to two farmers whose land it had acquired to lay the Una-Amb track. The case has bounced from the lower court to the Himachal Pradesh high court, with the parties filing cases and counter cases. Finally, the HC di rected the railways in 2013 to pay the farmers within six weeks. “But the railways hasn't deposited the amount until now,“ the farmers' advocate A K Saini said.
As the high court had also made it clear that after the lapse of six weeks, the parties would be at liberty to execute the order, the aggrieved farmers moved the lower court. After hearing the plea on April 9, judge Mukesh Bansal ordered the attachment of the Janshatabadi train. “We'd submitted a list of four trains--two passenger, Himachal Express and Janshatabdi--and the court directed to attach the Janshatabdi,“ Saini said.
But railways moved the HC only in 2013, and it ruled that the sum should be deposited in the court in six weeks. The Delhi-Una Janshatabdi Express could be attached by the district court in Una on April 16 if the railways fails to pay over Rs 35 lakh as compensation to two farmers whose land it had acquired to lay the Una-Amb track. The case has bounced from the lower court to the Himachal Pradesh high court, with the parties filing cases and counter cases. Finally, the HC di rected the railways in 2013 to pay the farmers within six weeks. “But the railways hasn't deposited the amount until now,“ the farmers' advocate A K Saini said.
As the high court had also made it clear that after the lapse of six weeks, the parties would be at liberty to execute the order, the aggrieved farmers moved the lower court. After hearing the plea on April 9, judge Mukesh Bansal ordered the attachment of the Janshatabadi train. “We'd submitted a list of four trains--two passenger, Himachal Express and Janshatabdi--and the court directed to attach the Janshatabdi,“ Saini said.
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