Special Land Acquisition Officer vs Rabari Mohanbhai Okhabhai
2021 Latest Caselaw 3302 Guj

                C/FA/829/2021                              ORDER




               IN THEHIGHCOURTOF GUJARATAT AHMEDABAD

                           R/FIRSTAPPEALNO. 829 of 2021

                                    With
                   CIVILAPPLICATION(FORSTAY) NO. 1 of 2020
                        In R/FIRSTAPPEALNO. 829 of 2021
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                        SPECIALLANDACQUISITIONOFFICER
                                    Versus
                          RABARIMOHANBHAIOKHABHAI
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Appearance:
MR. BHARATVYAS,ASSISTANTGOVERNMENTPLEADER(1)for the Appellant(s)No. 1,2
MRJINESHH KAPADIA(5601)for the Defendant(s)No. 1,2
MRTUSHARCHAUDHARY(5316)for the Defendant(s)No. 1,2
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 CORAM: HONOURABLE MR. JUSTICE BIREN VAISHNAV

                                 Date: 25/02/2021
                                  ORALORDER

ORDER IN FIRST APPEAL

Admit.

ORDER IN CIVIL APPLICATION

Rule returnable forthwith.

Learned advocate Mr. Kapadia, waives service of notice of

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50% of the amount deposited by the appellant has been withdrawn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

C/FA/829/2021 ORDER

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 Application for stay accordingly is allowed. Rule is

made absolute.

(BIRENVAISHNAV,J) BIMAL