Land Acquisition And ... vs Patel Nagajibhai Dharmsibhai
2021 Latest Caselaw 2532 Guj

         C/FA/5793/2019                                      ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/FIRST APPEAL NO. 5793 of 2019
                                With
             CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                  In R/FIRST APPEAL NO. 5793 of 2019
                                With
                   R/FIRST APPEAL NO. 5794 of 2019
                                With
             CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                  In R/FIRST APPEAL NO. 5794 of 2019
                                With
                   R/FIRST APPEAL NO. 5796 of 2019
                                With
             CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                  In R/FIRST APPEAL NO. 5796 of 2019
==========================================================
         LAND ACQUISITION AND REHABILITATION OFFICER
                            Versus
                PATEL NAGAJIBHAI DHARMSIBHAI
==========================================================
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
==========================================================
 CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA
        and
        HONOURABLE MR. JUSTICE A.S. SUPEHIA

                   Date : 17/02/2021
                       ORAL ORDER

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

Heard learned Assistant Government Pleader Ms.Dhwani Tripathi for the appellant-applicant State in the captioned First Appeals and Civil Applications.

ORDER IN FIRST APPEALS

First Appeals are admitted.

ORDER IN CIVIL APPLICATIONS

Today, when the present Civil Applications

C/FA/5793/2019 ORDER

came up for consideration, it was stated by learned Assistant Government Pleader that the amount of compensation awarded by the Reference Court was deposited by the applicant-State with the court concerned.

2. It was further stated that thereafter the claimants were permitted by the Reference Court to withdraw 50% of the amount.

3. Since as per the statement of learned Assistant Government Pleader the awarded amount has been deposited in each of the First Appeal, there shall be stay of implementation, operation and execution of the impugned common judgment and award th dated 06 July, 2018 passed by learned Principal Senior Civil Judge, Tharad in Land Acquisition Reference Case Nos.119-125 of 2017 (Old Nos.127-133 of 2017) insofar as it relates to Land Acquisition Reference Case Nos.131-133 of 2017.

4. While further statement is made by learned advocate for the parties that the amount is also th disbursed, an order dated 28 August, 2019 passed by the Division Bench of this Court in Civil Application No.1 of 2019 in First Appeal No.3706 of 2019 which is cognate matter wherein similar statement was taken note of by the Court that the claimants had already withdrawn 50% of the amount, however the claimants were directed to produce such order passed by the Reference Court. Till date, any such order of disbursement has not been produced or brought on

C/FA/5793/2019 ORDER

record.

5. In the aforesaid view, we consider it fit not to dispose of the present applications. We direct the claimants and/or learned Assistant Government Pleader to produce the order of the Reference Court passed in these cases permitting disbursement/ withdrawal of 50% amount. It is further directed that in the meantime, the Reference Court shall invest in the fixed deposit, if any amount remains with it, with nationalized bank, initially for a period of three years and renewable from time-to-time, subject to further orders that may be passed.

In order to enable either side to comply with the direction to produce the order of disbursement passed by the Reference Court, stand th over to 15 March, 2021.

(N.V.ANJARIA, J)

(A. S. SUPEHIA, J) ANUP