Gujarat High Court Case Information System
Print
CA/13358/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 13358 of 2010
In
FIRST APPEAL No. 1780 of 2010
To
CIVIL
APPLICATION No. 13372 of 2010
In
FIRST APPEAL No. 1794 of 2010
=========================================================
SPECIAL
LAND ACQUISITION OFFICER & 1 - Petitioner(s)
Versus
LALJIBHAI
POPATBHAI - Respondent(s)
=========================================================
Appearance
:
GOVERNMENT
PLEADER for
Petitioner(s) : 1 - 2.
MR MD VAKIL for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MS.JUSTICE B.M.TRIVEDI
Date
: 22/02/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
Rule. Mr.Vakil, learned Counsel
for the respondents – original claimants waives service of
notice of rule.
The present applications are for
interim injunction pending the First Appeals against the judgement
and awards passed by the Reference Court in the concerned Land
Reference Cases, which are the subject matter of the First Appeals.
Considering the facts and
circumstances, there shall be interim injunction against the
execution and implementation of the judgement and awards passed by
the Reference Court, which are challenged in the concerned First
Appeals on condition that the applicant – original appellant
deposits the entire awarded amount together with the cost and
interest with the Reference Court within a period of eight weeks
from today.
We have heard the learned Counsel
for both the sides on the aspects of withdrawal.
Considering the facts and
circumstances, out of the amount, which may be deposited by the
applicant by way of compliance of the condition, 50% of the amount
shall be permitted to be withdrawn to the original claimants and the
remaining 50% of the amount shall be invested by the Reference Court
in FDRs with a nationalized Bank, in the cumulative scheme,
initially
for a period of three years and such investment shall be renewed
from time to time, until the first appeals are finally disposed of.
The original
FDRs shall be kept with the Nazir Department of the Court.
The
applications are allowed to the aforesaid extent. Rule made
absolute accordingly.
(Jayant Patel, J.)
(Ms.
B. M. Trivedi, J.)
vinod
Top