Gujarat Industrial Development ... vs Deputy Collector And The Special ...
2021 Latest Caselaw 1107 Guj

C/FA/750/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/FIRST APPEAL NO. 750 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 750 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 750 of 2019 With R/FIRST APPEAL NO. 751 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 751 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 751 of 2019 With R/FIRST APPEAL NO. 752 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 752 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 752 of 2019 With R/FIRST APPEAL NO. 753 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 753 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 753 of 2019 With R/FIRST APPEAL NO. 754 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 754 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 754 of 2019 With R/FIRST APPEAL NO. 756 of 2019 With

C/FA/750/2019 ORDER

CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 756 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 756 of 2019 With R/FIRST APPEAL NO. 757 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 757 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 757 of 2019 With R/FIRST APPEAL NO. 758 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 758 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 758 of 2019 With R/FIRST APPEAL NO. 759 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 759 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 759 of 2019 With R/FIRST APPEAL NO. 760 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 760 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 760 of 2019 With R/FIRST APPEAL NO. 761 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 761 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 761 of 2019

C/FA/750/2019 ORDER

With R/FIRST APPEAL NO. 762 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 762 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 762 of 2019 With R/FIRST APPEAL NO. 763 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 763 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 763 of 2019 With R/FIRST APPEAL NO. 782 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 782 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 782 of 2019 With R/FIRST APPEAL NO. 783 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 783 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 783 of 2019 With R/FIRST APPEAL NO. 784 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 784 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 784 of 2019 With R/FIRST APPEAL NO. 785 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 785 of 2019

C/FA/750/2019 ORDER

With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 785 of 2019 With R/FIRST APPEAL NO. 786 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 786 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 786 of 2019 With R/FIRST APPEAL NO. 787 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 787 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 787 of 2019 With R/FIRST APPEAL NO. 788 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 788 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 788 of 2019 With R/FIRST APPEAL NO. 789 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 789 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 789 of 2019 With R/FIRST APPEAL NO. 790 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 790 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 790 of 2019 With R/FIRST APPEAL NO. 791 of 2019

C/FA/750/2019 ORDER

With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 791 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 791 of 2019 With R/FIRST APPEAL NO. 792 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 792 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 792 of 2019 With R/FIRST APPEAL NO. 793 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 793 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 793 of 2019 With R/FIRST APPEAL NO. 794 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 794 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 794 of 2019 With R/FIRST APPEAL NO. 795 of 2019 With CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 795 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 795 of 2019 With R/FIRST APPEAL NO. 796 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 796 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020

C/FA/750/2019 ORDER

In R/FIRST APPEAL NO. 796 of 2019 With R/FIRST APPEAL NO. 797 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 797 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 797 of 2019 With R/FIRST APPEAL NO. 798 of 2019 With CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 798 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 798 of 2019 With R/FIRST APPEAL NO. 799 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 799 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 799 of 2019 With R/FIRST APPEAL NO. 800 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 800 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 800 of 2019 With R/FIRST APPEAL NO. 801 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 801 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 801 of 2019 With R/FIRST APPEAL NO. 4047 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018

C/FA/750/2019 ORDER

In R/FIRST APPEAL NO. 4047 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 4047 of 2019 With R/FIRST APPEAL NO. 4178 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 4178 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 4178 of 2019 With R/FIRST APPEAL NO. 4331 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 4331 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 4331 of 2019 With R/FIRST APPEAL NO. 4332 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 4332 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 4332 of 2019 With R/FIRST APPEAL NO. 4333 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 4333 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/FIRST APPEAL NO. 4333 of 2019 ========================================================== GUJARAT INDUSTRIAL DEVELOPMENT CORPORATION Versus DEPUTY COLLECTOR AND THE SPECIAL LAND ACQUISITION OFFICER ========================================================== Appearance:

MR CHINMAY M GANDHI(3979) for the Appellant(s) No. 1

GOVERNMENT PLEADER(1) for the Defendant(s) No. 2

C/FA/750/2019 ORDER

MR N R DESAI(6504) for the Defendant(s) No. 4,5 MR P P MAJMUDAR(5284) for the Defendant(s) No. 4,5 RULE SERVED(64) for the Defendant(s) No. 1,3 ==========================================================

CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA and HONOURABLE MR. JUSTICE A.S. SUPEHIA

Date : 25/01/2021

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

Order in Civil Application No. 1 of 2018 in All the captioned Appeals

All the captioned appeals which have already been admitted, arise from common judgment and award passed by the Reference Court.

2. As far as the captioned Civil Application No. 1 of 2018 in each of the appeals is concerned, the prayer therein was to stay the implementation and execution of the judgment and award. The stay was granted and it was directed to the applicant Corporation to deposit the entire amount awarded by the Reference Court in each of the Appeals.

3. Today, when the Civil Applications came up for consideration, learned advocate Mr. Chinmay Gandhi for the applicant Corporation stated that the amount has already been deposited in each of the cases, which is to the tune of Rs. 42,07,31,704/- by way of cheque dated 22.1.2021.

4. In view of the above, the stay granted in each of the Civil Applications stands confirmed. These applications are allowed by making Rule absolute accordingly.

5. The claimants are not precluded from moving separate applications

C/FA/750/2019 ORDER

seeking disbursement of the part of the amount to be considered on its own merits and in accordance with law.

Order in Civil Application No. 1 of 2020 in all the captioned Appeals

These Civil Applications filed in each of the captioned Appeals are for directions.

In view of the orders passed in Civil Application No. 1 of 2018 as above, all these Civil Applications would not survive and stand disposed of accordingly as not surviving.

(N.V.ANJARIA, J)

(A. S. SUPEHIA, J) C.M. JOSHI