Deputy Collector Land ... vs Harijan Dahyabhai Alias Manabhai ...
2021 Latest Caselaw 6785 Guj

       C/FA/1372/2021                               ORDER DATED: 23/06/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/FIRST APPEAL NO. 1372 of 2021

                                   With
                CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                     In R/FIRST APPEAL NO. 1372 of 2021
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      DEPUTY COLLECTOR LAND ACQUISITION AND REHABILITATION
                             Versus
           HARIJAN DAHYABHAI ALIAS MANABHAI UMEDBHAI
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Appearance:
MS. NIDHI VYAS, ASSISTANT GOVERNMENT PLEADER(1) for the
Appellant(s) No. 1,2
MR JINESH H KAPADIA(5601) for the Defendant(s) No. 1
MR TUSHAR CHAUDHARY(5316) for the Defendant(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                                Date : 23/06/2021

                                 ORAL ORDER

Heard learned Assistant Government Pleader Ms. Nidhi Vyas for the appellant State and its authorities.

The Appeal is admitted.

Learned advocate Mr. Jinesh Kapadia for the original claimant waives service of notice of admission of appeal.

Order in Civil Application

Heard learned Assistant Government Pleader for the applicant State and its authorities and learned advocate for the original claimant.

2. In the facts of the case, the judgment and award impugned is stayed.

C/FA/1372/2021 ORDER DATED: 23/06/2021

3. Both the learned advocates stated that as far as the awarded amount is concerned, the same is deposited by the State with the Reference Court concerned. Thereafter, the Reference Court permitted the claimants to withdraw 50% amount out of the total deposited.

4. In this view, it is directed that remaining 50% amount shall be invested in the fixed deposit in nationalised bank initially for a period of three years and renewable and further that the fixed deposit receipt shall remain with the Registry of the Reference Court and shall not be allowed to be utilised for any purpose including for raising of loan.

5. The present Civil Application is allowed and disposed of.

(N.V.ANJARIA, J) C.M. JOSHI