1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A.F. NO. 2703/2010 IN First Appeal No. 120/2008 (The Collector, Yeotmal & others VERSUS Prakash Tukaram Kande & another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. M. Deshmukh, Assistant Government Pleader for the appellant. Shri D.G. Patil, counsel for the R-1 & 2. CORAM : SMT. VASANTI A. NAIK, J. DATE : OCTOBER 28 , 2010 . It appears from a reading of the orders passed by this Court that the State was directed to deposit only 50% of the decretal amount but, the State had failed to deposit 50% of the decretal amount and had in fact deposited Rs.5,93,866/-. This Court had, while considering the application for stay on 02.07.2008, clearly observed that the reference Court had granted enhanced compensation @ Rs.15,00,000/- per hectare when the Land Acquisition Officer had granted the same @ RS.7,28,000/- per hectare. It was also observed by this Court after perusal of the judgment of the reference Court that some of the sale instances produced by the claimants were between the family members of the claimants and they could have been possibly made with a view to seek enhanced compensation. In such circumstances, when this Court had directed the State to deposit only 50% of the decretal amount, it would not be just and proper to permit the applicants to withdraw the entire amount deposited by the appellant-State in the executing Court. The applicants are, therefore, 2 permitted to withdraw only an amount of Rs.6,00,000/- on furnishing solvent surety/security to the satisfaction of the executing Court. The balance amount may be placed in a fixed deposit account of a nationalized bank initially for a period of three years and the same may be renewed thereafter from time to time during the pendency of the first appeal. The civil application is allowed in the aforesaid terms and disposed of. JUDGE APTE