Gujarat High Court
Deputy Collector Land ... vs Rajput Tejaji Piraji on 24 August, 2021
Bench: N.V.Anjaria
C/FA/1846/2021 IA ORDER DATED: 24/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In R/FIRST APPEAL NO. 1846 of 2021
With
CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
NO. 2 of 2021
In R/FIRST APPEAL NO. 1846 of 2021
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DEPUTY COLLECTOR LAND ACQUISITION AND REHABILITATION
Versus
RAJPUT TEJAJI PIRAJI
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Appearance:
MR. MANRAJ BAROT, ASSISTANT GOVERNMENT PLEADER for the
PETITIONER(s) No.
MR SP MAJMUDAR for the RESPONDENT(s) No.
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
Date : 24/08/2021
IA ORDER
ORDER IN CIVIL APPLICATION FOR STAY
Learned Assistant Government Pleader Mr. Manraj Barot for the
applicants state authorities stated that the amount awarded by the
Reference Court has been deposited in compliance of the order passed by
the Court.
In that view, the stay granted as per order dated 16.7.2021 is
confirmed on the same terms. The civil application stands allowed. Rule
is made absolute.
ORDER IN CIVIL APPLICATION FOR DISBURSEMENT
Heard learned advocates for the respective parties.
C/FA/1846/2021 IA ORDER DATED: 24/08/2021
2. In this application, the claimant has prayed for disbursement of the
amount of compensation deposited by the appellants state authorities
pursuant order dated 16.7.2021. Seeking disbursement, it was submitted
that the claimant is in need of money who has lost his land and therefore
means of earning, further submitting that reasonable amount if disbursed
would subserve his purpose.
3. While granting the stay of the impugned judgment and award of
the Reference Court, this court put a condition of depositing the awarded
amount. Accordingly, the appellants state authorities have deposited the
amount with the Reference Court concerned, it was stated before the
court.
4. On one hand the amount of compensation awarded by the
Reference Court is deposited by the appellants state authorities, and on
the other hand, the appeal of the appellants state authorities is pending
and would take time before it is finally decided. In that view, if part of the
deposited amount is disbursed in favour of the claimant in the
interregnum to his benefit, the same shall serve the ends of justice.
4.1 In the facts of the case, the following directions are issued,
(i) Out of the total deposited amount by the appellants state
authorities, the Reference Court shall disburse 40% of the amount
in favour of the claimant after verifying his identity, following
necessary procedure and by directly crediting the amount in the
bank account standing in the name of the claimant.
C/FA/1846/2021 IA ORDER DATED: 24/08/2021
(ii) The remainder 60% amount shall be deposited with the
nationalised bank in a fixed deposit of cumulative nature.
(iii) The Fixed Deposit shall be created initially for a period of
one year and renewable subject to further orders.
(iv) The claimant shall not be entitled to earn periodical interest
which may accrue on the invested amount.
(v) The Fixed Deposit receipts shall remain in the custody of the
Nazir of the Reference Court and the same shall not be permitted to
be utilised to raise any loan or finance or for any other such
purpose without permission of the court.
5. The present application stands allowed and disposed of in the
aforesaid terms.
(N.V.ANJARIA, J)
C.M. JOSHI
