Deputy Collector, Land ... vs Rampariya Hitesh Mohan
2021 Latest Caselaw 3709 Guj

         C/FA/958/2021                                       ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/FIRST APPEAL NO. 958 of 2021
                                With
            CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                  In R/FIRST APPEAL NO. 958 of 2021
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            DEPUTY COLLECTOR, LAND ACQUISITION AND
                  REHABILITATION(IRRIGATION)
                            Versus
                   RAMPARIYA HITESH MOHAN
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Appearance:
GOVERNMENT PLEADER(1) for the Appellant(s) No. 1,2
MR KM SHETH(838) for the Defendant(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                               Date : 03/03/2021

                           ORAL ORDER

IN APPEAL

1. Heard, learned AGP, Mr. Bharat Vyas, for the appellant-State. Learned AGP, Mr. Bharat Vyas, has submitted that the other appeals, arising from the very common impugned judgment and award, are already admitted.

2. Hence, ADMIT.

3. To be HEARD with First Appeal No. 416 of 2021 and the cognate appeals.

(UMESH A. TRIVEDI, J)

ORAL ORDER IN CA 1 of 2020

1. Rule. Learned Advocate, Mr. K.M. Sheth, waives service of rule

C/FA/958/2021 ORDER

for the respondent-original claimant.

2. The execution, operation and implementation of the impugned judgment and award passed by the Reference Court is STAYED, on condition that the applicant shall deposit the ENTIRE amount of award with costs and interest, if any, within EIGHT WEEKS, before the Reference Court.

3. On such an amount being deposited, the Reference Court shall permit WITHDRAWAL of 50% of the amount by the original claimant, on proper identification, through account payee cheque. Further, the remaining 50% amount shall be INVESTED in cumulative interest fixed deposit, in any nationalized bank, for the initial period of THREE YEARS, which shall be RENEWED from time to time, till final disposal of the appeal. The claimant SHALL NOT be entitled to any premature WITHDRAWL or ADVANCE of the same. The receipts of the FDRs shall be kept in the custody of the NAZIR of the Court concerned.

4. Rule is made absolute, accordingly.

(UMESH A. TRIVEDI, J) UMESH/-