Gujarat Industrial Development ... vs Deputy Collector And The Special ...
2021 Latest Caselaw 2519 Guj

        C/FA/796/2019                                  IA ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
                           NO. 1 of 2021
                In R/FIRST APPEAL NO. 796 of 2019
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VIJAYKUMAR CHANDRAVADAN Versus STATE OF GUJARAT ========================================================== Appearance:

MR N R DESAI for the PETITIONER(s) No. MR P P MAJMUDAR for the PETITIONER(s) No. MS.DHWANI TRIPATHI, AGP for the RESPONDENT(s) No. MR CHINMAY M GANDHI for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA and HONOURABLE MR. JUSTICE A.S. SUPEHIA

Date : 17/02/2021

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

In the facts of the case, there shall be Rule returnable forthwith.

1.1 Learned Assistant Government Pleader Ms.Dhwani Tripathi waives service of rule on behalf of the respondent No.1­ Deputy Collector, Special Land Acquisition Officer as well as respondent No.2­ State of Gujarat whereas learned advocate Mr.Chinmay Gandhi waives service of rule on behalf of the respondent No.3­ Gujarat Industrial Development Corporation.

2. The present Civil Application is filed by the applicant who was original claimants in the Land Reference Case No.110 of 2011 which came to be decided by learned Principal Senior Civil Judge, Bharuch as per common judgment and award dated

C/FA/796/2019 IA ORDER

30.4.2018 in group of Land Acquisition Reference Cases­ 35 in numbers.

2.2 What is prayed is to disburse the amount of compensation awarded by the reference Court in favour of the applicant­ claimant.

3. The present First Appeal alongwith all the cognate Appeals in the group have been admitted by this Court. The Civil Application Nos.1 of 2018 in each of the appeals which were for stay were dealt with and the stay was granted by the Court on condition that the appellant­ Corporation deposits the entire amount awarded by the reference Court in each cases.

4. As recorded by us in our common order dated 25.1.2021 learned advocate for the Corporation made a statement on that day that the amount was already deposited in each of the cases. As the amount is deposited, the applicant­ claimant in the present case has prayed for disbursement.

5. We have considered the averments made in the application and also the submissions of both the sides and also referred to the judgment and award of the reference Court concerned for the purpose of dealing with prayer for disbursement. Since the amount is deposited and the final hearing of the appeal would take time, it would be proper that applicant­ claimant is not entirely deprived of the fruits of compensation awarded by reference Court till final decision in the appeal.

5.1 In the facts and circumstances of the case, we are inclined to disburse 40% of the total amount in favour of the applicant­

C/FA/796/2019 IA ORDER

claimant, making it however clear that the disbursement being permitted herein does not bear any final reflection on merits of the case of either side.

6. The present application is thus allowed in part by permitting the applicant to withdraw the 40% of the amount and consequentially directing the reference Court concerned to pay the 40% of the amount out of the total deposited amount to the present applicant after undertaking necessary procedure as may be required and after verifying the identity of the applicant. Disbursement of the amount in favour of the claimants shall be done by issuing Account Payee cheque in the name of the claimant.

6.1 It is directed that the reference Court shall invest remainder 60% amount in Fixed Deposit with nationalized bank initially for a period of three years and renewable to be subject to further or final orders which may be passed by the Court.

6.2 The fixed deposit receipt shall remain in the custody of Nazir of the Tribunal and shall not be allowed to be utilized for any purpose by anybody including for raising loan or financial assistance.

7. As per the aforesaid directions, the present application is allowed and disposed of. Rule is made absolute to the said extent.

(N.V.ANJARIA, J)

(A. S. SUPEHIA, J) Manshi