Deputy Collector, Land ... vs Rampariya Ranchhod Mahon
2021 Latest Caselaw 2026 Guj

                C/FA/514/2021                              ORDER




               IN THEHIGHCOURTOF GUJARATAT AHMEDABAD

                           R/FIRSTAPPEALNO. 514 of 2021

                                    With
                   CIVILAPPLICATION(FORSTAY) NO. 1 of 2020
                        In R/FIRSTAPPEALNO. 514 of 2021
                                    With
                         R/FIRSTAPPEALNO. 515 of 2021
                                    With
                   CIVILAPPLICATION(FORSTAY) NO. 1 of 2020
                        In R/FIRSTAPPEALNO. 515 of 2021
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   DEPUTYCOLLECTOR,LANDACQUISITIONANDREHABILITATION(IRRIGATION)
                            Versus
                   RAMPARIYARANCHHODMAHON
==========================================================
Appearance:
MR. BHARATVYAS,ASSISTANTGOVERNMENTPLEADER(1)for the Appellant(s)No. 1,2
MR. K.M.SHETH,ADVOCATE for the Defendant(s)No. 1
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 CORAM: HONOURABLE MR. JUSTICE BIREN VAISHNAV

                                 Date: 10/02/2021

                                   ORALORDER

ORDER IN FIRST APPEAL Nos. 514 and 515 of 2021

Heard Mr.Bharat Vyas, learned Assistant Government Pleader

for the appellant­ State.

Admit.

ODER IN CIVIL APPLICATIONS (FOR STAY) in FIRST APPEALS

Rule returnable forthwith.

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

rule on behalf of the respective respondents - claimants.

C/FA/514/2021 ORDER

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 allowed. Rule is made absolute.

(BIRENVAISHNAV,J) BIMAL