Deputy Collector, Land ... vs Arjunsinh Bayajibhai
2021 Latest Caselaw 4947 Guj

             C/FA/1299/2021                                ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/FIRST APPEAL NO. 1299 of 2021
                             With
        CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                               In
               R/FIRST APPEAL NO. 1299 of 2021
===================================
         DEPUTY COLLECTOR, LAND ACQUISITION AND
                        REHABILITATION
                            Versus
                     ARJUNSINH BAYAJIBHAI
===================================
Appearance:
MR BHARAT VYAS, ASSISTANT GOVERNMENT PLEADER(1) for
the Appellant(s) No. 1,2,3
MR N V RAVAL(11267) for the Respondent(s) No. 1
MR VIJAY N RAVAL(2025) for the Respondent(s) No. 1
===================================

CORAM: HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                              Date : 31/03/2021

                                ORAL ORDER

Order in First Appeal

Heard Shri Bharat Vyas, learned Assistant Government Pleader as also Shri Vijay Raval, learned advocate for the respondent - original claimant.

It has been pointed out that cognate Appeal, being First Appeal No.1286 of 2021, arising from the very common judgment and award has already been admitted. Hence, ADMIT. Shri Vijay Raval, learned advocate waives service of notice of admission for and on behalf of the respondent - original claimant.

C/FA/1299/2021 ORDER

To be heard with Civil Application No.1286 of 2021.

Order in Civil Application

Shri Vijay Raval, learned advocate for the respondent - original claimant submitted that the amount awarded by the Reference Court is already deposited by the applicants before the Reference Court. However, no withdrawal is yet permitted by the Reference Court. Considering the same, RULE returnable forthwith. Shri Vijay Raval, learned advocate waives service of notice of rule for and on behalf of the respondent - original claimant. The concerned Reference Court is directed to permit 50% of the amount deposited by the applicants to be withdrawn by the respondent - original claimant, after ascertaining the proper identity, through account payee cheque. Balance 50% of the amount shall be invested in a 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 the final disposal of the First Appeal. The Fixed Deposit Receipt shall be kept in the custody of the Nazir of the concerned Court. No any premature withdrawal or advance or loan shall be permitted over the Fixed Deposit Receipt. In view thereof, the impugned judgment and award is hereby stayed till final disposal of the appeal. With the above observations, this Civil Application stands disposed of. Rule made absolute to the above terms.

(UMESH A. TRIVEDI, J.) siji