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FA/3123/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 3123 of 2010
With
CIVIL
APPLICATION No. 12140 of 2010
In
FIRST APPEAL
No. 3123 of 2010
=================================================
SPECIAL
LAND ACQUISITION OFFICER & 1 - Appellants
Versus
KANTIBHAI
MATHURBHAI PATEL - Defendant
=================================================
Appearance :
MS. SHACHI
MATHUR, LD. AGP for Appellants : 1 - 2.
MR
KM SHETH for
Defendant:
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CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 26/10/2010
ORAL
ORDER
F.A.
NO. 3123 OF 2010
Heard
learned advocates for the parties. Appeal ADMITTED.
C.A.
NO. 12140 OF 2010
Heard
learned AGP for the applicant. Rule. Mr. K.M. Sheth, learned advocate
waives service of notice of rule for respondent.
Looking
to the fact that the appeal is admitted, this application requires
consideration. The interest of justice would be served if the
appellant/applicant State is called upon to deposit the entire
amount awarded with interest & cost with the Reference Court
within a period of eight (8) weeks from today, and on receipt of said
amount, Reference Court shall deposit the same in a nationalised
bank. The said amount would be subject to the order that may be
passed hereafter.
It
is open to the respondent claimant to make an appropriate application
with regard to disbursement or deposit that may be deemed fit. If the
said application is not made within 30 days from depositing the
amount, the Reference Court shall deposit the same in a nationalised
bank in a cumulative deposit initially for a period of six years and
it shall be renewed thereafter so as to inure interest till final
disposal of the First Appeal.
Civil
application is disposed of accordingly and rule is made absolute. No
costs.
[
S.R. BRAHMBHATT, J ]
/vgn
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