Land Acquisition And ... vs Patel Naranabhai Hadmatabhai
2021 Latest Caselaw 2432 Guj

         C/FA/5795/2019                                    ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/FIRST APPEAL NO. 5795 of 2019

                               With
            CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                 In R/FIRST APPEAL NO. 5795 of 2019
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         LAND ACQUISITION AND REHABILITATION OFFICER
                            Versus
               PATEL NARANABHAI HADMATABHAI
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Appearance:
MS.DHWANI TRIPATHI, AGP (1) for the Appellant(s) No. 1,2,3
MR MAHESH P PATEL(3381) for the Defendant(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA
        and
        HONOURABLE MR. JUSTICE A.S. SUPEHIA

                             Date : 16/02/2021

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

Notice was issued in both the Appeal and Civil Application on 11.12.2019.

Today when the matter comes up for consideration, learned Assistant Government Pleader Ms.Dhwani Tripathi stated that the appellant has already deposited the amount of compensation awarded by Reference Court vide common judgment and award passed in Land Reference Case Nos.127 of 2017 to 133 of 2017 (Old Number 119 of 2010 to 125 of 2010).

In that view, following order is passed.

ORDER IN FIRST APPEAL

C/FA/5795/2019 ORDER

Appeal is admitted.

ORDER IN CIVIL APPLICATION So far as present application is concerned, in view of the deposit of the amount already made, there shall be stay of implementation, operation and execution of the common judgment and award dated 6.7.2018 passed by learned Principal Senior Civil Judge, Tharad in Land Reference Case No.127 of 2017.

The present Civil Application stands disposed of making rule absolute.

This order will not preclude the claimants to file appropriate application before this Court for the purpose of disbursement of the amount to be considered in accordance with law and on its own merits.

(N.V.ANJARIA, J)

(A. S. SUPEHIA, J) Manshi