Land Acquisition And Rehabilitation ... vs Rajput Devjibhai Jethabhai on 29 January, 2019

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Gujarat High Court

Land Acquisition And Rehabilitation ... vs Rajput Devjibhai Jethabhai on 29 January, 2019

Bench: K.M.Thaker, V.P. Patel

        C/FA/4879/2018                                   IA ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     CIVIL APPLICATION NO. 2 of 2018
                   IN R/FIRST APPEAL NO. 4879 of 2018
==========================================================

EXECUTIVE ENGINEER Versus RAJPUT DEVJIBHAI JETHABHAI ========================================================== Appearance:

MR. TIRTHRAJ PANDYA, AGP for the PETITIONER(s) No. MR MAHESH P PATEL for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR.JUSTICE K.M.THAKER and HONOURABLE MR.JUSTICE V.P. PATEL Date : 29/01/2019 IA ORDER (PER : HONOURABLE MR.JUSTICE K.M.THAKER)

1. Heard learned AGP Mr. Tirthraj Pandya for the Applicant and Mr. M.P.Chaudhary, learned Advocate for the Opponent.

2. The Appeal is Admitted vide order dated 14.12.2018.

3. Learned AGP and learned Advocate for Opponent jointly submitted that in other Appeal (from the same group of Appeals i.e. First Appeal No. 281/2019), after admitting the said First Appeal, the Court has granted interim relief in Civil Application No. 2/2018 (in FA 281/2019) on the condition that the amount be deposited and out of the deposited amount 50% may be disbursed.

4. Learned AGP and learned Advocate for the Opponent relied on order dated 17.1.2019 passed in Civil Application No.2/2018 (in First Appeal No. 281/2019), which reads as under: Page 1 of 4

C/FA/4879/2018 IA ORDER "ORDER IN CIVIL APPLICATION:

Heard Mr.Pandya, learned AGP for the applicants and Mr.M.P. Chaudhary, learned advocate for Mr.Patel, learned advocate for the respondent.

Rule. Rule returnable forthwith. Learned advocate for the respondent has waived service of Rule and with his consent, the application is heard for final order. Learned advocate for the respondent relied on the order dated 3.11.2017 in Civil Application No.13790 of 2017 in First Appeal No.3467 of 2017 and he submitted that the amount is already deposited by the applicants and in view of the directions by the learned reference Court, 40% amount has already been disbursed.

Learned advocate for the respondent, however, seeks further disbursement in light of the order dated 3.11.2017 whereby the Court permitted disbursement to the extent of 50% of the deposited amount.

Any ground to deviate from the order passed by this Court, I.e. the order dated 3.11.2017 in Civil Application No.13790 of 2017 is not made out by learned AGP.

In other / cognate cases, the Court has permitted disbursement to the extent of 50%, therefore, the following order is passed.

Since, as submitted by learned advocates entire amount is, undisputedly, deposited and 40% of the award amount is already disbursed, we, by interim relief, direct that during pendency of appeal and till it is finally heard, the implementation and operation of the award impugned in appeal shall remain stayed.

Page 2 of 4

C/FA/4879/2018 IA ORDER Further, in light of the order dated 3.1.2017 in Civil Application No.13790 of 2017 in First Appeal No.3467 of 2017 and having regard to the statement that 40% of the deposited amount is already disbursed, we permit further disbursement to the extent of 10% making permissible withdrawal to the extent of 50% of the deposited amount. The amount shall be disbursed on the same terms and conditions as the disbursement for 40% is permitted. The reference Court shall disburse the amount to the original claimants by A/c Payee Cheque and after complying usual procedure, practice, terms and conditions and after verification of the proof of identification. After disbursement of 10% (I.e. to the extent of maximum 50%) the balance 50% shall be invested in Fixed Deposit with Nationalised Bank initially for 5 years with instructions for further periodical renewal on yearly basis till final decision in the appeal or till any other or further order is passed. In view of the above, the civil application stands disposed of. Rule is made absolute to the aforesaid extent."

5. In respect of the present Appeal / Application, learned AGP and learned Advocate for the Opponent submitted that the amount is deposited and 40% amount is already disbursed.

6. In this background, learned Counsel for the Opponent submitted that similar order / direction may be passed in respect of present Application as well.

Page 3 of 4

C/FA/4879/2018 IA ORDER

7. Under the circumstances, following order is passed:

We direct further disbursement to the extent of additional 10% making permissible withdrawal to the extent of 50% of the deposited amount.

The said amount shall be disbursed on the same terms and conditions as the disbursement for 40%. The Reference Court shall disburse amount to the original claimants by account payee cheque but after complying usual procedure / practice / terms and conditions and after verification of the proof of identity. After disbursement of additional 10% (to the extent of maximum 50%) balance 50% shall be invested in Fixed Deposit with Nationalized Bank initially for five years with instructions for periodical renewal until final order in the Appeal. On the said conditions, the implementation and operation of the judgment and award shall remain stayed until final decision in the Appeal.

8. Civil Application stands disposed of. Rule is made absolute to the aforesaid extent.

(K.M.THAKER, J) (V. P. PATEL,J) J.N. W Page 4 of 4

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