Land Acquisition And ... vs Koli Ghemara Mansung
2021 Latest Caselaw 7735 Guj

     C/FA/1181/2021                               ORDER DATED: 05/07/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 1181 of 2021

                                 With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                   In R/FIRST APPEAL NO. 1181 of 2021
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           LAND ACQUISITION AND REHABILITATION OFFICER
                              Versus
                     KOLI GHEMARA MANSUNG
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Appearance:
MR Meet Thakker, AGP (1) for the Appellant(s) No. 1,2
MR MAHESH P PATEL(3381) for the Defendant(s) No. 1
MR N P CHAUDHARY(3980) for the Defendant(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE J.B.PARDIWALA
       and
       HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                              Date : 05/07/2021

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

ORDER IN FIRST APPEAL:-

We have heard Mr. Meet Thakker, the learned AGP appearing for the appellants and Mr. N.P. Chaudhary, the learned counsel appearing for the claimant.

The Appeal is ordered to be admitted.

ORDER IN CIVIL APPLICATION:-

Rule returnable forthwith. Mr. Chaudhary, the learned counsel waives service for and on behalf of the claimant.

Mr. Chaudhary brought to our notice that the entire amount

C/FA/1181/2021 ORDER DATED: 05/07/2021

as awarded by the Land Reference Court has been deposited by the appellants with the Land Reference Court with proportionate costs and interest. He further pointed out that 40% of the amount deposited by the appellants has already been disbursed in favour of his client i.e. the original claimant. His request is that further 10% of the amount may be ordered to be disbursed in favour of his client.

Ordinarily, this Court has been passing orders of 50% disbursement and 50% amount to be invested. In such circumstances, we direct the Land Reference Court to disburse the additional 10% of the amount in favour of the claimant within a period of two weeks from today as the entire amount has already been deposited.

The impugned judgment and award shall remain stayed from its operation till the final disposal of the appeal. The civil application stands disposed of accordingly. Rule is made absolute to the aforesaid extent.

(J. B. PARDIWALA, J)

(VAIBHAVI D. NANAVATI,J) A. B. VAGHELA