Special Land Acquisition Officer ... vs Kalpnaben Ashokbhai Patel
2021 Latest Caselaw 13710 Guj

     C/FA/2260/2021                              ORDER DATED: 09/09/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 2260 of 2021

                                 With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                   In R/FIRST APPEAL NO. 2260 of 2021
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               SPECIAL LAND ACQUISITION OFFICER ANAND
                               Versus
                     KALPNABEN ASHOKBHAI PATEL
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Appearance:
MR KM ANTANI, AGP (1) for the Appellant(s) No. 1,2,3
MR VIMAL A PUROHIT(5049) for the Defendant(s) No. 1
SHRENIK R JASANI(9486) for the Defendant(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE J.B.PARDIWALA
       and
       HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                             Date : 09/09/2021

                      ORAL ORDER

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

ORDER IN APPEAL:-

We have heard Mr. K.M. Antani, the learned AGP appearing for the appellants - original opponents.

Admit.

ORDER IN CIVIL APPLICATION:-

Rule returnable forthwith. Mr. Shrenik R. Jasani, waives service of notice of rule for and on behalf of the original claimant.

C/FA/2260/2021 ORDER DATED: 09/09/2021

We are informed by Mr. Antani, the learned AGP that the entire amount awarded by the Land Reference Court with costs and interest has been deposited.

This is an application at the instance of original opponents seeking stay of the judgment and award passed by the Principal Senior Civil Judge, Borsad at Anand dated 13.11.2019 in the Land Reference Cases Nos.582 of 2017 TO 598 of 2017; 600 of 2017 TO 605 of 2017; 608 of 2017 TO 619 of 2017; 655 of 2017 TO 657 of 2017 And 659 of 2017 [Main L.A.R. No.597 of 2017].

Considering the facts of the case, the Trial Court shall invest 50% of the awarded amount in a cumulative Fixed Deposit Receipts in a Nationalized Bank initially for a period of 03 years and renewable from time to time for similar period till final disposal of the appeal and 50% of the awarded amount shall be disbursed in favour of the original claimants upon proper verification within a period of eight weeks. The original FDRs to be retained by the Trial Court. The Civil Application stands disposed of accordingly.

Rule is made absolute to the aforesaid extent.

(J. B. PARDIWALA, J)

(VAIBHAVI D. NANAVATI,J) A. B. VAGHELA