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Judgment
A.J.Desai, J
By way of present petition under Articles 14 and 19 of the Constitution of India, petitioners have made the following prayers:
“(B) This Hon’ble Court may be pleased to hold and declare that the impugned action of the respondent No.2 of not depositing the awarded amount to the petitioners under Section 28-A of the Act before the Civil Court at Jamnagar and not making reference to the civil court under section 30 of the Act for the disputed awarded amount of compensation awarded to the petitioners under section 28-A of the Act and against the said provision of the Act, deposited the awarded amount before the Mamlatdar, Jamnagar, is illegal, arbitrary, unjust and violative of Articles 14 and 19 of the Constitution of India, by way of issuing suitable writ, order or direction under Article 226 of the Constitution of India;
(C) This Hon’ble Court may be pleased to direct the respondent No.2 to immediately deposit the awarded amount under section 28-A of the Act to the petitioners before the learned Principal Senior Civil Judge at Jamnagar and further direct the respondent No.2 to make reference under section 30 of the Act to the civil court for the awarded amount to the petitioners under section 28-A of the Act, by way of issuing suitable writ, order or direction under Article 226 of the Constitution of India;
(D) This Hon’ble Court may be pleased to direct the respondent No.2 to immediately deposit the awarded amount of compensation awarded under section 28-A of the Act to the petitioners before the Principal Senior Civil Judge at Jamnagar by way of interim relief in the interest of justice;”
Having heard the learned advocates appearing for the respective parties, present petition is disposed of with a direction that the amount which is deposited with the respondent No.2 shall be invested in fixed deposit in any Nationalized Bank initially for a period of three years and to be renewed from time to time and the interest accrued on such fixed deposit shall not be disbursed. It is also directed that the entire amount shall be disbursed amongst those persons who are claiming the amount only after appropriate order is passed by the competent Court.
With above direction, present petition is disposed. It is hereby made clear that present order is passed in peculiar facts of the case and shall not be treated as precedent.