Special Land Acquisition ... vs Rabari Ishwarbhai Raniben Urfe ...
2021 Latest Caselaw 2308 Guj

              C/FA/1930/2020                             IA ORDER




               IN THEHIGHCOURTOF GUJARATAT AHMEDABAD


                  CIVILAPPLICATION(FORSTAY) NO. 1 of 2020
                       In R/FIRSTAPPEALNO. 1930of 2020
                                    With
                  CIVILAPPLICATION(FORSTAY) NO. 1 of 2020
                       In R/FIRSTAPPEALNO. 1931of 2020
                                    With
                  CIVILAPPLICATION(FORSTAY) NO. 1 of 2020
                       In R/FIRSTAPPEALNO. 1932of 2020
                                    With
                  CIVILAPPLICATION(FORSTAY) NO. 1 of 2020
                       In R/FIRSTAPPEALNO. 1933of 2020
                                    With
                  CIVILAPPLICATION(FORSTAY) NO. 1 of 2020
                       In R/FIRSTAPPEALNO. 1934of 2020
==========================================================

SPECIALLANDACQUISITIONOFFICER,DEPUTYCOLLECTOR Versus RABARIJALUBENCHEHARBHAI ========================================================== Appearance:

MS. NIDHIVYAS,ASSISTANTGOVERNMENTPLEADERfor the PETITIONER(s)No. MRJINESHH KAPADIAfor the RESPONDENT(s)No. MRTUSHARCHAUDHARYfor the RESPONDENT(s)No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE BIREN VAISHNAV

Date: 12/02/2021

IA ORDER

Rule returnable forthwith in civil application Nos 1 of 2020 in

FA No. 1932 and 1933 of 2020. Mr. Jinesh Kapadia, learned

advocate appears for the respondents - claimants in these two civil

applications as well.

Learned advocate Mr.Kapadia, waives service of notice of rule

C/FA/1930/2020 IA ORDER

on behalf of the respective respondents - Claimants.

Mr.Kapadia, learned advocate for the respondents states that

50% of the amount deposited by the appellant has been withdrawn

by the 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. 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 Applications for stay are accordingly, allowed. Rule is

made absolute in each application.

(BIRENVAISHNAV,J) BIMAL