The court can grant a stay on an award of land valuation pending appeal, subject to conditions including the deposit of a percentage of awarded compensation to protect the interests of both parties.

ORDER :

(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

1. The Civil Applications are filed at different times pending the First Appeal. Civil Application No.1 of 2023 was filed along with the filing of First Appeal with the prayer as under:

“A) Your Lordships may be pleased to allow this application; and B) Your Lordships may be pleased to stay the impugned judgment and award dated 23-02-2023 by the Ld. Addl. Sr. Civil Judge, Tapi at Vyara passed in Land Reference Application No.78/2012. (Old No.61/2007) during the pendency and final disposal of this appeal; and

BB) Your Lordships may be pleased to direct the Respondent No.2 to takeover balance area of acquired land admeasuring 100230 Sq. mtrs. i.e. 24.77 acres from the Resp. Nos.1.1 to 1.3 and handover the same in favour of applicant-company during the pendency and final disposal of this Appeal;

C) Your Lordships may be pleased to grant ad-interim relief in terms of above sub-para (B);”

1.1. While Civil Application No.1 of 2025 was filed later, on account of certain subsequent development; with prayer clause as under:

“A. Your Lordships may be pleased to allow this Application; and

B. Your Lordships may be pleased to stay further proceedings of LAR Execution No.3/23 pending before the Ld. Principal Sr. Civil Judge at Vyara, Dist. Tapi, during the pendency and final disposal of captioned First Appeal; and

C. Your Lordships may be pleased to pass an order withholding the amount of Rs.4.72 Cr. and not to be released in favour of Respondents-Claimants (Decree Holders) and further to invest the same in with any nationalized bank vide FDRs till the final adjudication of the caption First Appeal; and

D. Your Lordships may be pleased to grant ad-interim relief in terms of Sub-Para (B & C) pending hearing and final disposal of caption First Appeal;

2. The First Appeal is preferred under Section 54 of the LAND ACQUISITION ACT , 1894 by the Appellant-Company against the judgment and award dated 23-02-2023 by Additional Senior Civil Judge, Tapi at Vyara in Land Reference Application No.78/2012. (Old No.61/2007).

3. The Acquisition proceedings were pertaining to acquisition of Land bearing Block No.207 of Village-Gunsada ad-measuring 1,40,504 square meters. The facts not in dispute are Section-4 Notification, which was published on 21-04-2005, Section-6 Declaration on 08-08-2005. The award under Section-11 was made by Land Acquisition Officer on 27-12-2006. The reference under LAND ACQUISITION ACT under Section-18 appear to have been made in the year 2007, as the Old Reference No. is assigned as 61/2007, which was given New Reference No.78/2012 and the Reference was ultimately decided on 23-02-2023 (impugned).

4. The Appeal is by the aggrieved appellant-Company in whose benefit, the Acquisition proceedings have taken place and the grievance is primarily to the valuation of the Land. The Land Acquisition Officer has assessed the land at the rate of Rs.124/- square meter, which the Reference Court has enhanced to Rs.950/- per square meter. It is this increase in Land Valuation, the Appellant-Company has challenged in the First Appeal on various grounds.

5. Original claimants have also preferred First Appeal No.1653/2023 against the very judgment and award claiming the valuation of land at the rate of Rs.950/- per square meter is on the lower side and claimed additional compensation at the rate of Rs.1500/- per square meter. That Appeal stands admitted.

6. In the present Appeal, this Court has passed an initial order dated 26-06-2023 referring to order of admission in First Appeal No.1653/2023 and issuing Notice bo