State Of Gujarat vs Sambai Devji Patel Through Poa ...
2021 Latest Caselaw 12622 Guj

    C/SCA/6827/2021                                  ORDER DATED: 26/08/2021




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 6827 of 2021

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                     STATE OF GUJARAT
                           Versus
 SAMBAI DEVJI PATEL THROUGH POA HOLDER DEVJI NATHA PATEL
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Appearance:
MR ASMITA PATEL AGP (1) for the Petitioner(s) No. 1
MR D C SEJPAL(1322) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                              Date : 26/08/2021
                               ORAL ORDER

Heard Ms.Asmita patel, learned AGP for the petitioner-State and Mr.D.C. Sejpal, learned advocate for the respondent.

The Defence State Officer has challenged the award passed by the Reference Court by preferring First Appeal in this Court along with Civil Application for stay.

The Division Bench of This Court by order dated 26.7.2021 passed the following order in Civil Application:

"1. Rule returnable forthwith. Mr. Divyesh Sejpal, the learned counsel waives service of notice of rule for and on behalf of the original claimants. Mr. Chintan Dave, the learned AGP waives service of notice of rule for and on behalf of the Land Acquisition Officer.

2. The judgment and award passed by the Land Reference

C/SCA/6827/2021 ORDER DATED: 26/08/2021

Court is ordered to be stayed from its operation, implementation and execution on the condition that the appellant deposits the entire amount as awarded by the Land Reference Court with proportionate costs and interest within a period of six weeks. Once the entire amount towards award with proportionate costs and interest is deposited with theLand Reference Court, the Court below shall disburse 70% of the said amount in favour of the claimants after proper identification and verification. The balance 30% of the amount shall be invested by way of fixed deposit receipt with any nationalized bank initially for a period of three years and the same shall be renewed from time to time accordingly. The fixed deposit receipt shall be non-cumulative. The interest that shall accrue on such fixed deposit receipt shall be paid periodically to the original claimants.

3. Rule is made absolute. The civil application stands disposed of."

Ms.Patel, learned AGP submits that hearing of this petition may be deferred, as the amount is not deposited by the Defence Officer so far as in compliance of the order of the Division Bench.

In view of the above, stand over to 20.9.2021.

(A.G.URAIZEE, J) ALI