Special Land Acquisition Officer vs Harijan Motabhai Masungbhai
2021 Latest Caselaw 4853 Guj

               C/FA/1248/2021                            ORDER




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/FIRST APPEAL NO. 1248 of 2021
                                With
             CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                  In R/FIRST APPEAL NO. 1248 of 2021
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                     SPECIAL LAND ACQUISITION OFFICER
                                   Versus
                      HARIJAN MOTABHAI MASUNGBHAI
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Appearance:
MS. ASMITA PATEL, AGP (1) for the Appellant(s) No. 1,2
MR MAHESH P PATEL(3381) for the Defendant(s) No. 1
MR N P CHAUDHARY(3980) for the Defendant(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                                Date : 30/03/2021

                                  ORAL ORDER

ORDER IN FA.

Heard learned AGP Ms. Asmita Patel for the appellants. ADMIT. Learned advocate Mr. Mahesh Patel, waives service of notice of admission for and on behalf of the respondent - original claimant.

ORDER IN CIVIL APPLICATION.

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

Learned advocate Mr. Mahesh Patel for the respondent - original claimant, submitted that pursuant to the impugned award passed by the Reference Court, the amount is already deposited by the applicants and

C/FA/1248/2021 ORDER

the original claimant has already been withdrawn 50% of the deposited amount.

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 premature withdrawal or any advance or loan over the said 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