Deputy Collector Land ... vs Lrs Of Late Vaghela Sumersing ...
2021 Latest Caselaw 4745 Guj

                C/FA/1225/2021                          ORDER




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 1225 of 2021

                                 With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                   In R/FIRST APPEAL NO. 1225 of 2021
=============================================
             DEPUTY COLLECTOR LAND ACQUISITION OFFICER
                               Versus
              LRS OF LATE VAGHELA SUMERSING JUJARSING
=============================================
Appearance:
MS. ASMITA PATEL, ASST. GOVERNMENT PLEADER(1) for the Appellant(s)
No. 1
for the Defendant(s) No. 1,1.1,1.2,1.3,1.4,1.5,1.6
MR MAHESH P PATEL(3381) for the Defendant(s) No. 1.1,1.2,1.3,1.4,1.5,1.6
MR N P CHAUDHARY(3980) for the Defendant(s) No. 1.1,1.2,1.3,1.4,1.5,1.6
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 CORAM: HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                                 Date : 25/03/2021

                                   ORAL ORDER

ORDER IN FIRST APPEAL.

Heard learned AGP Ms. Asmita Patel for the appellant.

ADMIT.

ORDER IN CIVIL APPLICATION.

RULE returnable forthwith. Mr. N.P. Chaudhary, learned advocate waives service of notice of rule for and on behalf of respondents - claimants.

Mr. N.P.Chaudhary, learned advocate for respondents - claimants submitted that the amount awarded by the Reference Court is already deposited by the applicant in the Reference Court and out of which 50% amount has already been withdrawn by the respondents - claimants.

C/FA/1225/2021 ORDER

Considering the submission, the Reference Court is directed to invest the remaining 50% amount in cumulative fixed deposit in any Nationalized Bank, initially for a period of three years and thereafter, it shall be renewed from time to time till final disposal of the First Appeal. No one is permitted to prematurely withdraw or any advance over the FDR. The original FDR shall be kept in the custody of the Nazir of the concerned Court. The impugned judgment and award is hereby stayed till final disposal of the First Appeal.

With the above observations, this Civil application stands disposed of. Rule made absolute to the above terms.

(UMESH A. TRIVEDI, J) Lalji Desai