Deputy Collector, Land ... vs Vegad Kanaji Lakhman
2021 Latest Caselaw 4462 Guj

            C/FA/1142/2021                                 ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/FIRST APPEAL NO.                 1142 of 2021

                           With
        CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
             In R/FIRST APPEAL NO. 1142 of 2021
                           With
              R/FIRST APPEAL NO. 1143 of 2021
                           With
        CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
             In R/FIRST APPEAL NO. 1143 of 2021
                           With
              R/FIRST APPEAL NO. 1144 of 2021
                           With
        CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
             In R/FIRST APPEAL NO. 1144 of 2021
==========================================================
          DEPUTY COLLECTOR, LAND ACQUISITION AND
                REHABILITATION(IRRIGATION)
                           Versus
                   VEGAD KANAJI LAKHMAN
==========================================================
Appearance:
MS ASMITA PATEL AGP (1) for the Appellant(s) No. 1,2
MR KM SHETH(838) for the Defendant(s) No. 1
==========================================================

 CORAM: HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                             Date : 19/03/2021
                                 ORAL ORDER

Order in First Appeals Heard Ms.Asmita Patel, learned AGP as also Mr.K.M.Sheth, learned advocate representing Respondents­original claimants. Learned advocates appearing for the parties have pointed out that other cognate appeals arising from the very common impugned judgment and award have come to be admitted.

Hence, all these three appeals are ADMITTED.

C/FA/1142/2021 ORDER

To be heard with First Appeal No.413 of 2021 and other allied appeals.

Order in Civil Applications.

Rule returnable forthwith. Mr.K.M.Sheth, learned advocate for the respondents­original claimants waives servile of rule on behalf of respective respondents­original claimants.

The execution, operation and implementation of the impugned judgment and award passed by the Reference Court is hereby stayed on condition that applicant shall deposit the entire awarded amount with cost and interest within a period of 8 (eight) weeks from today before the Reference Court. The Reference Court shall permit withdrawal of 50% of the amount to the respondents­original claimants on proper verification and through account payee cheque. The remaining amount of 50% shall be invested in a cumulative fixed deposit in any nationalized Bank initially for a period of 3 years and to be renewed from time to time till the final disposal of the First Appeals. No one is permitted any advance, loan or premature withdrawal over the said fixed deposit. The original receipt of Fixed Deposit shall be kept in the custody of the Nazir of the Court.

                     C/FA/1142/2021                                ORDER




       With         this         direction,          this   all    these        Civil
Applications                  stands    disposed            of.      Rule         made
absolute.



                                                     (UMESH A. TRIVEDI, J)
ASHISH M. GADHIYA