Deputy Collector, Land ... vs Vegad Mahendar Kunvaraji
2021 Latest Caselaw 4800 Guj

               C/FA/1162/2021                        ORDER




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/FIRST APPEAL NO. 1162 of 2021
                                With
             CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                  In R/FIRST APPEAL NO. 1162 of 2021
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              DEPUTY COLLECTOR, LAND ACQUISITION AND
                   REHABILITATION(IRRIGATION)
                              Versus
                   VEGAD MAHENDAR KUNVARAJI
=============================================
Appearance:
MR. BHARAT VYAS, ASST. 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 : 26/03/2021

                                  ORAL ORDER

ORDER IN FA.

Heard Mr. Bhart Vyas, learned AGP for the appellants as also Mr. K.M.Sheth, learned advocate representing respondent - original claimant.

Learned advocates for the appearing parties have pointed out that other cognate appeals arising from the very impugned common judgment and award have come to be admitted.

Hence, ADMIT. Mr. K.M.Sheth, learned advocate, waives service of notice of admission for and on behalf of the respondent - original claimant.

To be heard with First Appeal Nos.413/21, 1142/21, 1143/21 and 1144/21.

C/FA/1162/2021 ORDER

ORDER IN CIVIL APPLICATION.

RULE returnable forthwith. Mr. K.M.Sheth, learned advocate, waives service of notice of rule for and on behalf of the respondent - original claimant.

The execution, operation and implementation of the impugned judgment and award passed by the Reference Court is hereby stayed on a condition that the applicants shall deposit the entire awarded amount with cost and interest within a period of eight (08) weeks from today before the Reference Court.

The Reference Court shall permit withdrawal of 50% of the amount to the respondent - original claimant on proper verification and through A/c payee cheque. The remaining amount of 50% shall be invested in cumulative FDR in any Nationalized Bank, initially for a period of three years and thereafter, it shall be renewed from time to time till the final disposal of the First Appeal. No one is permitted any advance, loan or premature withdrawal over the said Fixed Deposit. The original FDR shall be kept in the custody of the Nazir of the concerned Court.

With this direction, this Civil Application stands disposed of. Rule made absolute.

(UMESH A. TRIVEDI, J) Lalji Desai