JUDGMENT :

Jyotsna Rewal Dua, J.

An application filed by the plaintiff under Order 39 Rule 1 and 2 of the Code of Civil Procedure seeking to restrain respondent No.1/Land Acquisition Officer (NHAI) from releasing entire compensation amount in lieu of acquired structure in favour of respondent No.2 has been dismissed by learned Additional District Judge Sundarnagar, District Mandi, H.P. Aggrieved, instant appeal has been preferred by the plaintiff.

2(i) Respondent No.1 acquired land comprised in Khasra No. 457 measuring 000910 bighas, situated in Mohal Thala, Tehsil Sundernagar, District Mandi, H.P., for Four Laning of the National Highway. Award in lieu of acquisition of this land was passed by respondent No.1 on 2.5.2016. Appellant and respondent No.2, were held entitled to the awarded amount in equal shares. Both of them have admittedly received their shares in the awarded amount.

2(ii) The award for the acquisition of structure standing over the land was separately announced on 27.1.2017. Rs. 59,04,719/was determined as compensation payable for the house/structure standing over the land. Respondent No.1 proceeded to pay the compensation in lieu of structure in favour of respondent N