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CA/12475/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR ORDERS No. 12475 of 2010
In
FIRST
APPEAL No. 437 of 2010
=========================================================
ANANTBHAI
RAMESHBHAI - Petitioner(s)
Versus
STATE
OF GUJARAT, THROUGH SPECIAL LAND ACQUISITION OFFICER & 1 -
Respondent(s)
=========================================================
Appearance
:
MR
SUNIT SHAH with MR NV GANDHI
for
Petitioner(s) : 1,
MR KL PANDYA ASSTT. GOVERNMENT PLEADER for
Respondent(s) : 1
-2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE VIJAY MANOHAR SAHAI
Date
: 09/12/2010
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
Rule.
Learned AGP Mr Pandya waives service of notice of Rule for the
respondents.
2. Heard
learned Advocate Mr Shah appearing with Mr Gandhi and learned AGP Mr
Pandya.
3. It
is not in dispute that the awarded amount along with costs, interest
and solatium has been deposited with the Reference Court by the
opponent-appellants. The appeal is pending and hearing is likely to
take time being the appeal of 2010. The applicant prays for
disbursement of the awarded amount. Considering the escalation of
prices of land, paying 50% of the awarded amount without security to
the original land owner is not going to cause any risk to the
interest of the opponent-appellants.
4. Under
the circumstances, the Reference Court is directed to pay 50% of the
amount deposited to the applicant by crossed account payee cheque.
The remaining 50% of the amount deposited by the opponent-appellants
would be placed in a Fixed Term Deposit with any nationalized bank in
the name of the Nazir of the Court, initially for a period of three
years, to be renewed thereafter for one year automatically on each
occasion till further orders of this Court.
5. Learned
advocate Mr Shah appearing with Mr Gandhi states that a coordinate
Bench has already taken a decision in respect of Block No.27, which
is adjacent to the land in question, and that judgment has been
accepted by the other side. In that view of the matter, let the
appeal be listed for final hearing in the month of January, 2011.
6. The
application stands disposed of. Rule is made absolute accordingly. No
costs.
Direct
service is permitted.
(A.L.
DAVE, J.)
(V.M.
SAHAI, J.)
zgs/-
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