Gujarat High Court
Special Land Acquisition Officer vs Mohitji Manaji on 4 October, 2021
Bench: J.B.Pardiwala, Vaibhavi D. Nanavati
C/FA/730/2021 IA ORDER DATED: 04/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC. CIVIL APPLICATION (FOR REVIEW) NO. 1 of 2021
In R/FIRST APPEAL NO. 730 of 2021
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CHIEF EXECUTIVE ENGINEER
Versus
MOHITJI MANAJI
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Appearance:
MR. ARCHIT P JANI for the PETITIONER(s) No.
for the RESPONDENT(s) No.
MR. AYAAN PATEL, ASST. GOVERNMENT PLEADER for the
RESPONDENT(s) No.
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CORAM:HONOURABLE MR. JUSTICE J.B.PARDIWALA
and
HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 04/10/2021
IA ORDER
(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)
1. We have heard Mr. Archit Jani, the learned counsel
appearing for the AUDA (original respondent No.2). In the
appeal filed by the Special Land Acquisition Officer, this
Court passed the following order dated 14 th June, 2021 in
the Civil Application No.01 of 2020 in First Appeal No.730
of 2021. The order reads thus;
"Heard Mr. Meet Thakker, the learned AGP appearing
for the applicant (original opponent No.1) and Mr.
Archit P. Jani, learned advocate for the opponent
No.2.
C/FA/730/2021 IA ORDER DATED: 04/10/2021
This is an application at the instance of applicant
(original opponent No.1) seeking stay of the
judgment and award passed by the Principal Senior
Civil Judge, Gandhinagar, dated 21.9.2017 in Land
Reference Case No.81 of 2013.
Considering the facts of the case the Trial Court
shall invest 50% of the amount in a cumulative Fixed
Deposit Receipts in a Nationalized Bank initially for a
period of 3 years and renewable from time to time
for similar period till final disposal of the appeal and
50% amount shall be disbursed to the claimants
within a period of eight weeks upon proper
verification. The original FDRs to be retained by the
Tribunal. Accordingly, the application is disposed of."
2. Mr. Jani, the learned counsel appearing for the AUDA,
who has to make the payment towards the award, wants
this Court to modify the order to the extent that the AUDA
may not be asked to deposit 100% of the awarded amount
with proportionate cost and interest and may be asked to
only deposit 50% of the awarded amount.
3. We see no good reason to either take our order in
review or modify it as suggested by the AUDA. If AUDA
wants the award to remain stayed from its operation,
implementation and execution, it has to deposit the entire
amount with the Land Reference Court. We have already
made ourselves very clear that 50% of the amount
awarded shall be disbursed in favour of the claimant
C/FA/730/2021 IA ORDER DATED: 04/10/2021
whose land has been acquired and the balance 50% shall
be invested in any Nationalized Bank by way of a Fixed
Deposit Receipts. The application accordingly stands
rejected.
(J. B. PARDIWALA, J)
(VAIBHAVI D. NANAVATI,J)
Vahid
