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CA/2442/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 2442 of 2011
In
FIRST
APPEAL No. 650 of 2011
=========================================================
SPECIAL
LAND ACQUISITION OFFICER & 2 - Petitioner(s)
Versus
NAVNEETBHAI
RANCHHODBHAI - Respondent(s)
=========================================================
Appearance :
MS
SHACHI MATHUR, ASST.GOVERNMENT PLEADER
for Petitioner(s) : 1 -
3.
MR KASHYAP R JOSHI for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 11/04/2011
ORAL
ORDER
Ms.Shachi Mathur,
ld.AGP, for the applicants – appellants, upon instructions,
states that the order dated 1.3.2011 requiring the applicants –
appellants to deposit the entire amount of award together with
interest before the reference Court, has been complied with.
Mr.K.R.Joshi, ld.advocate for the opponent – respondent, upon
instructions, submits that the applicants – appellants had
deposited the amount pursuant to the above direction before the
reference Court. Under such circumstances, the ad-interim relief
earlier granted in terms of paragraph 5B vide order dated 1.3.2011
requires to be confirmed. However, Mr.Joshi, ld.advocate for the
opponent – respondent states that in the instant case, the
acquisition process commenced since 1991 and till today, the
opponent – respondent – original claimant has not received any
reasonable amount by way of compensation and, therefore, requested
that the amount deposited by the applicants – appellants may
be disbursed to the opponent – respondent.
Having considered
the facts and circumstances of the case, so also the submissions
advanced on behalf of both the sides, this Court is of the opinion
that the 50% amount, out of the amount deposited by the applicants,
pursuant to the earlier order dated 1.3.2011, shall be disbursed to
the opponent – respondent, on the condition that, at the time
of withdrawal of the aforesaid 50% amount, the opponent –
respondent shall file undertaking in form of affidavit before the
reference Court, to the effect that in case if the appeal preferred
by the State shall be allowed in future and the opponent –
respondent would be required to re-deposit the amount, which he
would withdraw, the opponent respondent shall immediately re-deposit
the amount before the reference Court.
The remaining 50%
amount deposited by the applicants – appellants shall be
invested by the reference Court in any nationalised bank in the
fixed deposit, initially for a period of 3 years, which period shall
be liable to be extended at the interval of every one year till the
appeal is finally decided. The reference Court shall invest the
amount in such fixed deposit wherein the amount of interest is
accumulated.
Subject to the
above direction, the stay earlier granted shall continue till the
pendency of the appeal.
Rule is made
absolute accordingly. The application stands disposed of
accordingly. D.S granted to the opponent – respondent.
(J.C.UPADHYAYA,
J.)
(binoy)
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