Deputy Collector Land ... vs Thakor Manaji Dhudaji
2021 Latest Caselaw 4948 Guj

            C/FA/1284/2021                                ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/FIRST APPEAL NO.                1284 of 2021

                           With
        CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
             In R/FIRST APPEAL NO. 1284 of 2021
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        DEPUTY COLLECTOR LAND ACQUISITION OFFICER
                          Versus
                  THAKOR MANAJI DHUDAJI
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Appearance:
MR BHARAT VYAS AGP (1) for the Appellant(s) No. 1,2
MR JINESH H KAPADIA(5601) for the Defendant(s) No. 1
MR TUSHAR CHAUDHARY(5316) for the Defendant(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                             Date : 31/03/2021

                                ORAL ORDER

Order in First Appeal

Admit.

Mr.Tushar Chaudhary, learned advocate for the respondent­claimant waives service of notice of admission.

Order in Civil Application

Rule returnable forthwith. Mr.Tushar Chaudhary, learned advocate for the opponent­ claimant waives service of rule.

                     C/FA/1284/2021                                     ORDER




       Mr.Chaudhary,                       learned           advocate           for         the
opponent­claimant                      submitted              that        the         amount
awarded         by           the       Reference              Court       is        already
deposited             by       the     applicant.              Out     of      the        said
amount        deposited,                   claimant            is     permitted               to

withdraw 50% of the amount deposited before the Reference Court and he has withdrawn the same.

Considering the said submission, remaining 50% of the amount shall be invested in 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 this appeal. No premature withdrawal, advance or loan shall be permitted by anyone over the said fixed deposit. The original receipt of fixed deposit shall be kept in the custody of the Nazir of the Reference Court.

In view of the aforesaid, the impugned judgment and award passed by the Reference Court is hereby stayed till the final disposal of the appeal.

Rule made absolute to the aforesaid extent.

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