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CA/3457/2009 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 3457 of 2009
In
FIRST
APPEAL No. 1165 of 2009
=====================================================
EXECUTIVE
ENGINEER - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=====================================================
Appearance :
MS
MANISHA LAVKUMAR for Petitioner(s) : 1,
Mr.K.L.Pandya,learned
Assistant Government Pleader for Respondent(s) : 1 - 2.
MR KM
SHETH for Respondent(s) :
3,
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 10/08/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
1. Rule.
Mr.K.L.Pandya, learned Assistant Government Pleader appears for
respondents Nos.1 and 2 wavies service of notice of Rule. Mr.Sheth,
learned counsel appears for the original claimant and waives service
of notice of Rule.
2. Considering
the facts and circumstances,the matter is further heard.
3. The
present application is for interim injunction, pending First Appeal,
against the execution and implementation of the judgment and the
award passed by the Reference Court in Land Acquisition Case No.193
of 2000.
4. Mr.Sheth,
learned counsel appearing for the original claimant states that if
the interim order, as passed in Civil Application Nos.13084 to 13094
of 2007 arising in First Appeal Nos.4918 to 4928 of 2007 is passed,
he has no objection.
5. It
appears that the present appeal is already admitted and is ordered to
be heard with First Appeal No.4918 of 2007 and allied matters, which
arise from the same acquisition. Further, in the interim
applications in First Appeal Nos.4918 to 4928 of 2007, this Court
has directed deposit of 50% of the awarded amount together with
proportionate interest and cost and permitted withdrawal of the said
amount. As the learned counsel appearing for the original claimant
has no objection if such an interim order is passed, we find that
further discussion may not be required on the said aspect.
6. Hence,
there shall be interim injunction against the execution and
implementation of the award passed by the Reference Court,which is
impugned in the First Appeal, on condition that the applicant
deposits 50% of the awarded amount together with proportionate
interest and cost, within a period of four weeks from today. It is
further observed and directed that upon the deposit of the said
amount, original claimant shall be entitled to withdraw the amount
from the Reference Court.
7. Application
is allowed to the aforesaid extent. Rule is made absolute.
(Jayant Patel,J)
(Smt.Abhilasha Kumari,J)
arg
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