Full Judgment Text
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CASE NO.:
Appeal (civil) 762 of 2008
PETITIONER:
U.P.AVAS EVAM VIKAS PARISHAD.U.P
RESPONDENT:
DURGA DAS & ORS
DATE OF JUDGMENT: 25/01/2008
BENCH:
ALTAMAS KABIR & J.M. PANCHAL
JUDGMENT:
JUDGMENT
O R D E R
CIVIL APPEAL NO. 762 OF 2008
[Arising out of SLP(C) No.21022 of 2006]
Having regard to the facts of the case, while considering the application for condon
ation of
the delay in making the deposit in terms of the order dated 04.01.2007 and upon hearing coun
sel for
the parties, we decided to dispose of the Special Leave Petition finally at this stage itsel
f.
Delay in making depositing 50% of the enhanced amount condoned.
Leave granted.
This appeal was filed against the order passed by the High Court refusing to grant i
nterim
order on the prayer made on behalf of the appellant herein to stay the order passed by the
Reference court.
While issuing notice in the special leave petition on 04/01/2007, this Court had dir
ected stay
of operation of the order passed by the Reference Court under Section 18 of the Land Acquis
ition
Act, 1894 on
-2-
condition that the petitioner would deposit 50% of the amount of the enhanced compensation
within four weeks in the High Court. The claimants were also made entitled to withdraw 50%
of
the enhanced compensation, as was ordered to be deposited, without furnishing any security.
Learned counsel appearing for the appellant submits that since there was a delay in
tendering the deposit, the High Court has refused to accept the same.
It is, however, submitted on behalf of the appellant that the amount as directed h
as been
deposited in the Registry of the High Court though the High Court has refused to accept such
deposit.
We direct the High Court to accept such deposit and to proceed accordingly. The st
ay
granted on 4/01/2007 will continue till the disposal of the appeal before the High Court.
The appeal is accordingly disposed of. There will be no order as to costs.