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CA/10292/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 10292 of 2008
In
FIRST
APPEAL No. 4236 of 2008
With
CIVIL
APPLICATION No. 10297 of 2008
In
FIRST APPEAL No. 4241 of 2008
With
CIVIL
APPLICATION No. 10303 of 2008
In
FIRST APPEAL No. 4247 of 2008
To
CIVIL
APPLICATION No. 10305 of 2008
In
FIRST APPEAL No. 4249 of 2008
=========================================================
SPECIAL
LAND ACQUISITION OFFICER & 1 - Petitioner(s)
Versus
PARSHOTTAMBHAI
LALLUBHAI PATEL - Respondent(s)
=========================================================
Appearance
:
MR
NIRAJ SONI AGP for Petitioner(s) : 1 - 2.
RULE SERVED for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 01/12/2008
ORAL
ORDER
Heard
learned AGP Mr. Soni on behalf of applicant Spl. Land Acquisition
Officer, learned advocate Mr. VN Rawal appearing for respondent
claimants.
On
29/9/2008, this Court has issued Rule and granted stay on condition
to deposit decretal amount before returnable date.
I
have considered submission made by both learned advocates. After
perusing award in question, according to my opinion, respondent
claimants at this stage, entitle 50% amount, to be released in their
favour.
Accordingly,
it is directed to Reference Court, Baroda to release 50% amount as
deposited by applicant before Reference Court by issuing A/c payee
cheque in the name of respondent claimants and rest of amount is to
be invested in any Nationalized Bank for a period of three years
with cumulative interest in the name of respondent claimants. The
FDR is to be remained with Reference Court with periodical renewal.
The respondent claimants are not entitled any amount of interest
upon said FDR till appeal is finally decided by this Court.
In
view of above observation and direction, Rule is made absolute in
each application. Let Trial Court may disburse amount to respondent
claimants as per direction issued by this Court while taking usual
undertaking from respondent claimants.
(H.K.RATHOD,
J)
asma
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