The Deputy Collector , Land ... vs Koli Dalaji Ukaji
2021 Latest Caselaw 2018 Guj

              C/FA/2210/2020                             IA ORDER




               IN THEHIGHCOURTOF GUJARATAT AHMEDABAD

                  CIVILAPPLICATION(FORSTAY) NO. 1 of 2020
                       In R/FIRSTAPPEALNO. 2210of 2020
                                    With
                  CIVILAPPLICATION(FORSTAY) NO. 1 of 2020
                       In R/FIRSTAPPEALNO. 2102of 2020
                                    With
                  CIVILAPPLICATION(FORSTAY) NO. 1 of 2020
                       In R/FIRSTAPPEALNO. 2132of 2020
==========================================================

THEDEPUTYCOLLECTOR, LANDACQUISITIONANDREHABILITATIONOFFICER Versus KOLI DALAJIUKAJI ========================================================== Appearance:

MR. BHARATVYAS,ASSISTANTGOVERNMENTPLEADERfor the PETITIONER(s)No. MRJINESHH KAPADIAfor the RESPONDENT(s)No. MRTUSHARCHAUDHARYfor the RESPONDENT(s)No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE BIREN VAISHNAV

Date: 10/02/2021

IA ORDER

Rule returnable forthwith.

Learned advocate Mr.Kapadia waives service of notice of rule

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

C/FA/2210/2020 IA ORDER

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 appeal. 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 Application for

stay accordingly is allowed. Rule is made absolute.

(BIRENVAISHNAV,J) BIMAL