Deputy Chief Engineer Surveyor ... vs Bhikhubhai Chhaganbhai Desai
2021 Latest Caselaw 16024 Guj

     C/FA/1348/2020                              ORDER DATED: 11/10/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 1348 of 2020

                                  With
              CIVIL APPLICATION (FOR STAY) NO. 2 of 2018
                   In R/FIRST APPEAL NO. 1348 of 2020
=============================================
     DEPUTY CHIEF ENGINEER SURVEYOR AND CONSTRUCTION
                           Versus
               BHIKHUBHAI CHHAGANBHAI DESAI
=============================================
Appearance:
MR MUKESH A PATEL(636) for the Appellant(s) No. 1
MR SUDHIR M MEHTA(2058) for the Appellant(s) No. 1
KUNAL M DAVE(10125) for the Defendant(s) No. 1
NOTICE SERVED(4) for the Defendant(s) No. 2
=============================================

 CORAM:HONOURABLE MR. JUSTICE J.B.PARDIWALA
       and
       HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                             Date : 11/10/2021

                               ORAL ORDER

(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

Order in First Appeal

We have heard Mr. Sudhir Mehta, the learned counsel appearing for the appellant.

Admit.

Order in Civil Application

Mr. Sudhir Mehta, the learned counsel appearing for the appellant submitted that the entire amount of award with proportionate costs and interest has already been deposited with the Land Reference Court.

C/FA/1348/2020 ORDER DATED: 11/10/2021

In view of same, the impugned judgment and award shall remain stayed from its operation, implementation and execution till the final disposal of the First Appeal.

The Land Reference Court shall now proceed to disburse 50% of the said amount with proportionate costs and interest in favour of the claimants upon proper verification and identification and the balance 50% of the amount shall be invested in the form of a cumulative Fixed Deposit Receipts with any Nationalized Bank initially for a period of three years and renewable from time to time for similar period till the final disposal of the appeal. The original FDRs shall be retained by the Nazir Department of the concerned Court.

The civil application stands disposed of.

(J. B. PARDIWALA, J)

(VAIBHAVI D. NANAVATI,J)

NEHA