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CA/6314/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR ORDERS No. 6314 of 2011
In
FIRST
APPEAL No. 5198 of 2010
=========================================================
RABARI
JEBARBEN D/O CHEHARBHAI SHANKARBHAI - Petitioner(s)
Versus
LAND
ACQUISITION OFFICER & 1 - Respondent(s)
=========================================================
Appearance
:
MR
ASHOK N PARMAR for
Petitioner(s) : 1,
MS MONALI BHATT, ASST GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 01/07/2011
ORAL
ORDER
1. Present
application is filed praying to permit the applicant to withdraw the
amount deposited by the opponents in the trial court vide order dated
30.12.2010 in Land Reference Case No. 1733 of 2005 on certain terms
and conditions.
2. This
Court (Coram : J.C. Upadhyaya, J.) on 01.04.2011 passed the
following order:
“Ms.
Shachi Mathur, Ld. AGP for the applicants, upon instructions, states
that the order dated 30/12/2010 passed in these matters regarding the
deposit of the awarded amount with the concerned Tribunal, has been
complied with. Hence,the stay granted in these matters is required to
be confirmed till the pendency of the appeals.
Mr.
AC Nanavati, Ld. Counsel for the respondents in Civil Application
Nos. 17030/2010 and 17034/2010 requests that the reasonable amount
may be permitted to be withdrawn by the concerned respondent.
Considering the facts and circumstances of the case and the
submissions advanced on behalf of both the sides on this count, the
concerned respondent in these two civil applications are permitted to
withdraw 50% amount respectively from the amount deposited by the
applicants in these two matters on condition that before the
withdrawal of the amount, the concerned respondent shall file
affidavit before the Reference Court to the effect that if the main
appeal would be allowed and the respondent would be required to
re-deposit the amount before the Reference Court, then in that case,
they shall immediately re-deposit the amount before the Reference
Court. The remaining 50% amount in both these applications deposited
by the applicants before the Reference Court as well as the entire
amount deposited by the applicants before the Reference Court in
Civil Application Nos. 17028/2010 and 17033/2010 shall be invested by
the Reference Court in fixed deposit in nationalized bank initially
for the period of three years, which period shall be extended at the
interval of every year till the final disposal of the appeals and the
amount shall be invested by the Reference Court in the fixed deposit
wherein the amount of interest is accumulated.
Accordingly,
these civil applications stand disposed of. D S to the concerned
respondent is permitted.
3. Accordingly,
the opponents have deposited 100% of the amount before the trial
court and the applicant has approached this court to allow withdrawal
of the said/part amount. However, considering the facts and
circumstances of the case, this court does not think it fit to allow
this application in view of the fact that the earlier order of
deposit is passed by another bench of this court and it shall not be
appropriate for this court to pass any order in furtherance thereto
when the court has specifically not permitted withdrawal at the
relevant time. In that view of the matter, the appropriate remedy
for the applicant is to move for clarification/review from the same
court which passed earlier order dated 01.04.2011.
4. With
the above observations, application is disposed of. No costs.
(K.S.
JHAVERI, J.)
Divya//
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