Deputy Collector, Land ... vs Jashwant Dharamshi Poa Of Laxiben ...
2021 Latest Caselaw 1897 Guj

                C/FA/454/2021                            ORDER




               IN THEHIGHCOURTOF GUJARATAT AHMEDABAD

                         R/FIRSTAPPEALNO. 454 of 2021
                                    With
                   CIVILAPPLICATION(FORSTAY) NO. 1 of 2020
                        In R/FIRSTAPPEALNO. 454 of 2021
                                    With
                         R/FIRSTAPPEALNO. 457 of 2021
                                    With
                         R/FIRSTAPPEALNO. 456 of 2021
                                    With
                   CIVILAPPLICATION(FORSTAY) NO. 1 of 2020
                        In R/FIRSTAPPEALNO. 456 of 2021
                                    With
                         R/FIRSTAPPEALNO. 455 of 2021
                                    With
                   CIVILAPPLICATION(FORSTAY) NO. 1 of 2020
                        In R/FIRSTAPPEALNO. 455 of 2021
==========================================================
   DEPUTYCOLLECTOR,LANDACQUISITIONANDREHABILITATION(IRRIGATION)
                            Versus
           JASHWANTDHARAMSHIPOAOF LAXIBENDHARAMSHI
==========================================================
Appearance:
MRBHARATVYAS,AGP(1) for the Appellant(s)No. 1,2
for the Defendant(s)No. 1
==========================================================

 CORAM: HONOURABLE MR. JUSTICE BIREN VAISHNAV

                                Date: 09/02/2021

                                 ORALORDER

ORDER IN FIRST APPEALS

Admit.

To be heard with First Appeal No. 413 of 2021.

ORDER IN CIVIL APPLICATIONS

Rule returnable forthwith.

Learned advocate Mr.K.M.Sheth, waives service of notice of rule

C/FA/454/2021 ORDER

on behalf of the respective respondents - claimants.

There shall be interim relief by way of stay of the execution, implementation and operation of the impugned judgment and order passed by the Reference Court on condition that the applicant shall deposit the awarded amount by the impugned judgment and award together with costs and interest within eight weeks before the Reference Court. The Reference Court shall release 50% of the amount deposited by the appellant in favour of the claimants after due verification. The remaining 50% amount shall be invested in cumulative fixed deposit in any nationalized bank initially for the period of three years, to be renewed from time to time till final disposal of the appeals. The claimants shall not be allowed premature withdrawal thereof or to raise any borrowings on the basis of such investment. Original of the Fixed Deposit may be retained in the custody of the Reference Court. Civil Applications for stay accordingly are allowed. Rule is made absolute.

(BIRENVAISHNAV,J) VATSAL