IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 436 OF 2009 IN FIRST APPEAL NO. 39 OF 2003 SMT. MENINA FERNANDES ... Applicant Versus SPECIAL LAND ACQUISITION OFFICER MARGAO AND ANR., ... Respondents Mrs. A. A. Agni, Advocate for the applicant. Mr. S. R. Rivonkar, Government Advocate for the respondents. Coram:- R. M. SAVANT, J. Date:- 3rd November, 2009 P.C. The above application has been filed by the original claimant seeking withdrawal of the amount due to her as per judgment and order dated 28.11.2008 passed by this Court, from the amount which has been deposited by the appellant herein, in this Court. The applicant seeks withdrawal on the basis that the enhanced amount should be paid over to her at the rate of Rs.45/- per sq.mtr., which is awarded by this Court. 2. It is undisputed position that the original awarded amount has been divided by half i.e. half going to the owner of the land in question and the other half going to the respondent herein who was admittedly a tenant. The original Appellants have filed an affidavit of one S. Sekar, Executive Engineer, Works Division XIV, W.R.D., Government of Goa to which is annexed a statement inter alia, disclosing the working out of the amount which is due to the respondent. As per the said statement and the working out of the amount contained therein, the respondent herein is entitled to Rs.81,631/-. This is on the basis that the respondent would be entitled to only 50% out of the enhanced amount. The appellants have deposited an amount of Rs.2,61,489/- in this Court on 14.04.2003 which amount is lying invested in Nationalised Bank, in terms of the order passed for investment. The respondent has also filed a statement showing her entitlement. 3. In view of the admitted position, that the respondent being a tenant would only be entitled to 50% of the amount, there is no warrant to consider the statement filed by the respondent. Learned counsel for the respondent also fairly concedes to the said position that the respondent would be entitled to only 50% of the enhanced amount. Since the amount is lying in deposit and has interest accrued on it, since the date of investment i.e. some time around April-May 2003, the respondent herein would be entitled to proportionate interest on the said amount of Rs.81,631/- out of the interest that has accrued on the entire amount of Rs.2,61,489/-. Registry is therefore, directed to calculate the amount of interest that the respondent would be entitled to, from the date of deposit of the entire amount of Rs.2,61,489/- on the amount of Rs.81,631/- to which the respondent would be entitled to. The same to be done within two weeks from date and steps to be taken thereafter to see that the amount is paid over to the respondent. The amount remaining in balance after the payment of Rs.81,631/- together with the proportionate interest on the balance amount to be paid over to the appellant thereafter, by drawing a cheque in the name of the Executive Engineer, Works Division XIV, W.R.D., Government of Goa. 4. Civil Application is accordingly disposed off in terms of the above directions. R. M. SAVANT, J. lh/.