AO/338/2019
2023 Latest Caselaw 3297 UK

               Office Notes,
            reports, orders or
             proceedings or
No   Date                                     COURT'S OR JUDGES'S ORDERS
              directions and
            Registrar's order
             with Signatures
                                 AO No. 338 of 2019
                                 Hon'ble Manoj Kumar Tiwari, A.C.J.
                                      Ms. Archna, Advocate, holding brief
                                 of Mr. V.K. Kapruwan, Advocate for the
                                 appellant/applicant.

                                 2.   Mr. Mohit Maulekhi, Brief Holder for
                                 the State of Uttarakhand.

                                 3.   Mr. Tarun Lakhera, Advocate for
                                 respondent no. 12.

Miscellaneous Application (MCC No. 16369 of 2023)

4. This Appeal was dismissed as withdrawn vide order dated 23.06.2022. Today, the matter is listed on a Miscellaneous Application, whereby applicant has prayed that the amount deposited by him, in terms of order of this Court dated 04.11.2019, be remitted to the Collector, Pauri Garhwal.

5. Learned counsel for appellant/ applicant submits that appellant deposited a sum of `1,33,55,051/- (Rupees One Crore Thirty Three Lacs Fifty Five Thousand Fifty One only), through cheque in the Registry of this Court on 18.12.2019. She further submits that since Appeal has been dismissed as withdrawn, therefore, amount so deposited by the appellant may be directed to be remitted to the Collector, Pauri Garhwal.

6. Mr. Tarun Lakhera, learned counsel for respondent no. 12 submits that since the order passed by the Authority under Section 64 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 was challenged in the present Appeal, and after withdrawal of appeal, judgment rendered by the Authority has attained finality, therefore, the amount needs to be remitted to the Authority/ District Judge, Pauri Garhwal, for distribution to the land owners.

7. Learned counsel appearing for appellant/applicant submits that she has no objection if the amount is directed to be remitted to the Authority/District Judge, Pauri Garhwal.

8. Accordingly, the Miscellaneous Application is allowed. Registry is directed to remit the amount deposited by appellant to District Judge, Pauri Garhwal/Authority under Section 64 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, within three weeks from today.

(Manoj Kumar Tiwari, A.C.J.) 31.10.2023 Navin