FA/24/2022
2023 Latest Caselaw 1975 UK

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                                  FA No.24 of 2022
                                  Hon'ble Vivek Bharti Sharma, J.

Mr. V.K. Kaparuwan, counsel for the appellant.

2. Mr. Tarun Lakhera, counsel for the respondents.

3. Heard.

4. This is Misc. Application IA No.03/2023 filed by the appellant whereby the appellant seeks permission to not press the issue of interest as raised in the First appeal.

5. Originally, this first appeal was filed by the appellant for the relief:-

"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present appeal and please to set- aside the compensation award dated 30.01.2020 passed by the Ld. Land Acquisition, Rehabilition & Resettlement Authority (LARRA) Uttarakhand, Dehradun in reference case no.25/2018 "Ramjay Aswal and others vs. Collector, Pauri Garhwal and another" to the limited extent of providing employment and paying 12% simple interest till the date of actual payment which are beyond the provisions of Act, otherwise the applicant/appellant shall suffer irreparable loss and injury."

6. Learned counsel appearing for the appellant would submit that the appellant has no issue with regard to the payment of 12% interest to the respondents and, as per his instructions, same has already been made to the respondents. Thus, he does not want to press the relief of 12% interest and wish to assail the impugned judgment only on the point of employment in the instant first appeal.

7. Learned counsel for the respondents would submit at Bar that he has no objection to the Misc. application if the amount under award is disbursed between the respondents with interest, as per the provision made in the award itself.

8. In view of the above, Misc. Application IA No.3 of 2023 is allowed.

9. The appeal now remains only to the extent of providing employment to the respondents.

10. Put up on 23.11.2023.

(Vivek Bharti Sharma, J.) 31.07.2023 BS