Special Land Acquisition Officer ... vs Heirs Of Vasava Valjibhai ...
2021 Latest Caselaw 17379 Guj

      C/FA/2652/2021                               IA ORDER DATED: 17/11/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                      In R/FIRST APPEAL NO. 2652 of 2021
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SPECIAL LAND ACQUISITION OFFICER AND DEPUTY COLLECTOR Versus HEIRS OF VASAVA VALJIBHAI SHANABHAI ALIAS RATNANA ========================================================== Appearance:

MR MANRAJ BAROT AGP for the PETITIONER(s) No. for the RESPONDENT(s) No. MR KM SHETH for the RESPONDENT(s) No. ==========================================================

CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

Date : 17/11/2021

IA ORDER

1. Heard Mr. Manraj Barot, learned AGP for the applicant and Mr. K.M. Sheth, learned advocate for the respondents.

2. Mr. Sheth, learned advocate for the respondents, upon instructions, submit that the applicant has deposited the entire awarded amount of compensation along with interest and costs in the Trial Court in compliance of the order of this Court. He, therefore, urges that usual order for disbursement may be passed and stay granted earlier may be confirmed till the final disposal of the appeal.

3. Mr. Barot, learned AGP submits that he has no instructions regarding deposit of the amount in the Trial Court in compliance of the order of this Court. However,

C/FA/2652/2021 IA ORDER DATED: 17/11/2021

he submits that if the amount is deposited in the Trial Court as per submission of Mr. Sheth, learned advocate for the respondents, usual order of disbursement may be passed and the stay granted earlier may be confirmed till disposal of the appeal.

4. In view of above, the Trial Court is directed to disburse 50% of the deposited amount in favour of the respondents - original claimants upon proper verification and remaining 50% of the deposited amount shall be invested in cumulative FDR in any nationalized bank initially for a period of five years and thereafter renewed the same periodically till final disposal of the appeal. It is clarified that the claimants shall not be allowed any premature encashment of the Fixed Deposit Receipts nor shall be permitted to create encumbrance of any nature on the Fixed Deposit Receipts. The receipts to be kept in the custody of Nazir of the concerned Trial Court.

5. Accordingly, the stay granted earlier of the impugned judgment and award is confirmed till the final disposal of the appeal.

6. The civil application stands disposed of. Rule is made absolute.

(A.G.URAIZEE, J) SURESH SOLANKI