Special Land Acquisition Officer & vs Ambalal Mohanbhai on 18 February, 2014

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Gujarat High Court

Special Land Acquisition Officer & vs Ambalal Mohanbhai on 18 February, 2014

Bench: R.M.Chhaya

        C/CA/13555/2013                                ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         CIVIL APPLICATION (FOR STAY) NO. 13555 of 2013
                                   In
                     FIRST APPEAL NO. 3634 of 2013
                                   TO
                 CIVIL APPLICATION NO. 13560 of 2013
                                   In
                     FIRST APPEAL NO. 3639 of 2013
================================================================
       SPECIAL LAND ACQUISITION OFFICER & 1....Applicant(s)
                            Versus
              AMBALAL MOHANBHAI....Respondent(s)
================================================================
Appearance:
MS AMITA SHAH, ASSISTANT GOVERNMENT PLEADER for the Applicants
in Civil Application Nos. 13555 to 13557 of 2013
MR ALKESH N SHAH, ASSISTANT GOVERNMENT PLEADER for the
Applicants in Civil Application Nos. 13558 to 13560 of 2013
MR JITENDRA H SINGH, ADVOCATE for the Respondent(s) No. 1
MR. N G QADRI, ADVOCATE for the Respondent(s) No. 1
================================================================

        CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA

                            Date : 18/02/2014


                          COMMON ORAL ORDER

1. Heard Ms. Amita Shah and Mr. Alkesh Shah, learned Assistant Government Pleaders for the applicants in the respective applications and Mr. Jitendra H. Singh, learned advocate for the opponents - original claimants in all the applications.

Page 1 of 4 C/CA/13555/2013 ORDER

2. In all the applications, the lands belonging to the opponents - original claimants have been acquired for the public purpose of Narmada Project situated at Village Jamdi, Taluka Jambusar, District Bharuch. The Reference Court, by the impugned judgment and award, has partly allowed the References filed by the opponents and has been pleased to award Rs.296.74 ps. per sq. mtr. as additional compensation. The said judgment and award is impugned in the group of First Appeals.

3. By these applications, the applicants have prayed for stay of the impugned judgment and award.

4. Mr. Jitendra H. Singh, learned advocate for the opponents submits that even if this Court is pleased to grant stay as prayed for in Para 7(B) of the applications, the same may be granted on condition more particularly as regards deposit of the whole amount of compensation as awarded by the impugned judgment and award. Mr. Singh further submitted that the opponents - original claimants may also be permitted to withdraw 50% of the amount deposited.

5. Considering the submissions made and averments made in the applications, the impugned judgment Page 2 of 4 C/CA/13555/2013 ORDER and award dated 13.8.2012 passed by the Principal Senior Civil Judge, Bharuch in Land Acquisition Reference Case Nos.87 to 94 of 2012 is hereby stayed on condition that the applicants shall deposit the entire amount of judgment and award with the Reference Court within a period of four weeks from today and file an affidavit of compliance in the First Appeals by the said date.

6. On such a deposit having been made, it would be open for the opponents to approach the Reference Court for withdrawal of 50% of the amount deposited on their furnishing security to the satisfaction of the Reference Court. The Reference Court shall thereafter invest the amount so deposited in a Fixed Deposit with the nationalized Bank initially for a period of 3 years renewable from time to time till final disposal of the First Appeals.

7. Accordingly, the Civil Applications are allowed in the above terms. The impugned judgment and award dated 13.8.2012 passed by the Principal Senior Civil Judge, Bharuch in Land Acquisition Reference Case Nos.87 to 94 of 2012 is hereby stayed till final disposal of the appeals on the conditions which are mentioned hereinabove. Rule is made absolute to the aforesaid extent.

Page 3 of 4 C/CA/13555/2013 ORDER

(R.M.CHHAYA, J.) mrp Page 4 of 4

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