Citation : 2021 Latest Caselaw 2033 Guj
Judgement Date : 10 February, 2021
C/FA/497/2021 ORDER
IN THEHIGHCOURTOF GUJARATAT AHMEDABAD
R/FIRSTAPPEALNO. 497 of 2021
With
CIVILAPPLICATION(FORSTAY) NO. 1 of 2020
In R/FIRSTAPPEALNO. 497 of 2021
With
R/SPECIALCIVILAPPLICATIONNO. 498 of 2020
With
CIVILAPPLICATION(FORSTAY) NO. 1 of 2020
In R/FIRSTAPPEALNO. 498 of 2021
With
R/FIRSTAPPEALNO. 499 of 2021
With
CIVILAPPLICATION(FORSTAY) NO. 1 of 2020
In R/FIRSTAPPEALNO. 499 of 2021
With
R/FIRSTAPPEALNO. 500 of 2021
With
CIVILAPPLICATION(FORSTAY) NO. 1 of 2020
In R/FIRSTAPPEALNO. 500 of 2021
==========================================================
DEPUTYCOLLECTOR,LANDACQUISITIONANDREHABILITATION(IRRIGATION)
Versus
KESHAVRAVAJIVARU
==========================================================
Appearance:
MR. BHARATVYAS,ASSISTANTGOVERNMENTPLEADER(1)for the Appellant(s)No. 1,2
MRKMSHETH(838)for the Defendant(s)No. 1,2,3
==========================================================
CORAM: HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date: 10/02/2021
ORALORDER
ORDER IN FIRST APPEALS
Heard Mr.Bharat Vyas, learned Assistant Government Pleader
for the appellant State.
Admit.
ODER IN CIVIL APPLICATIONS (FOR STAY) in FIRST APPEALS
C/FA/497/2021 ORDER
Rule returnable forthwith.
Learned advocate Mr.K.M.Sheth, 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 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 are accordingly allowed. Rule is made absolute.
(BIRENVAISHNAV,J) BIMAL
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