GENERAL MANAGER Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) HEARD Mr. R.R. Marshal, learned advocate appearing on behalf of the applicant, Mr. A.V. Prajapati, learned Advocate appearing on behalf of respondents -claimants and Mr. Niraj Soni, learned Assistant Government Pleader appearing on behalf of Special Land Acquition Officer.

(2.) THE appeal is admitted by this Court on 22nd September, 2008 and Mr. R.R. Marsha, learned Advocate appearing on behalf of the applicant submitted that amount as per decree is deposited by applicant to the Registry of this Court. Therefore, Mr. A.V. Prajapati, learned Advocate appearing on behalf of respondents -claimant submitted that as per the order passed by this Court on 22nd September, 2008, disbursement order is to be passed. He relied upon one order dated 27.11.2008 passed by this Court in Civil Application No. 9166 of 2008 where this Court had directed that claimants are entitled to periodical interest upon the same FDR till the appeal is finally decided by this Court and 50% amount is to be disbursed in favour of claimants.

(3.) I have considered the aforesaid order and submission made by both the learned Advocates. Considering the submission made by both the learned Advocates appearing on behalf of the respective parties and keeping in mind, the discussion made by Reference Court who has directed to Registry of this Court to transmit entire amount deposited by the applicant to the concerned Reference Court without any delay, the Reference Court is directed to pay 50% amount to respondent -claimant by A/c payee cheque after receiving amount from the Registry of this Court and after appropriate verification and rest of the amount is to be invested in any Nationalized Bank for the period of three years with periodical renewal in the name of respondent -claimant but FDR is to be remained in the Nazar of the learned trial Court and respondent -claimants are entitled to periodical interest upon the same FDR till appeal is finally decided by this Court. Accordingly, Rule is made absolute.