1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.17363 OF 2010 IN FIRST APPEAL NO.3460 OF 2011 WITH CIVIL APPLICATION NO.17361 OF 2010 IN FIRST APPEAL NO.3461 OF 2011 WITH CIVIL APPLICATION NO.17359 OF 2010 IN FIRST APPEAL NO.3462 OF 2011 WITH CIVIL APPLICATION NO.17365 OF 2010 IN FIRST APPEAL NO.3463 OF 2011 The State of Maharashtra and others APPLICANTS VERSUS Trambak Dhondiba Patil, died, through LR’s. And others RESPONDENTS Mr.S.D.Kaldate, learned A.G.P. for State/applicants. Mr.G.D.Kale h/f.Mr.P.G.Sontakke, learned counsel for respondents no.1 to 6. (CORAM : A.V.POTDAR, J.) DATE : 12/12/2011 PER COURT : 1. All these applications are for stay to the judgments and awards passed in the respective land acquisition references, passed by the 2 Civil Judge, S.D. Nilanga, on the ground that while granting compensation for the acquired land, also granted compensation for the fruit bearing trees in all the land acquisition references. Reliance is placed on the observations of the Apex Court in the matter of State of Haryana versus Gurcharansing and another, AIR 1996 SC 106, particularly the observations in para no.3 of the judgment, wherein it is held that separate compensation for land and fruit bearing trees, can not be awarded, if the proper multiplier is applied. In the light of these observations, stay to the judgment and award impugned in all the land acquisition references on the applicants depositing the amount of awards of Rs.50,400/- in L.A.R.No.170/2005, Rs.61,740/- in L.A.R.No.171/2005, Rs.53,550/- in L.A.R.No.175/2005, Rs.52,290/- in L.A.R.No.189/2005 towards acquired lands only, within the period of 8 weeks from today, failing which, the stay today granted shall automatically stand vacated. In case, the original claimants apply for withdrawal of such amount, no order of withdrawal to be passed without giving an opportunity of hearing to the applicants. All the civil applications stand disposed of accordingly. (A.V.POTDAR, J.) khs/DEC.2011/ca17363-10