1 CA No.9836 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Civil Application No.9836 of 2011 In First Appeal No.1213 Of 2010 * Hari Jyoti Kokane. .. Applicant. Versus 1) Vice Chancellor, Marathwada Agricultural University, Parbhani. 2) The State of Maharashtra Through Collector, Latur. .. Respondents. -------- With Civil Application No.9843 of 2011 In First Appeal No.2486 of 2010 1) Jahidabee Begum w/o Bashir Ahmed 2) Sayyed Layakali s/o Bashir Ahmed. 3) Anwarali s/o Bashir Ahmed. 4) Munirali s/o Bashir Ahmed. .. Applicants. Versus 1) Vice Chancellor, Marathwada Agricultural University, Parbhani. 2) The State of Maharashtra Through Collector, Latur. .. Respondents. 2 CA No.9836 of 2011 -------- With Civil Application No.9977 of 2011 In First Appeal No.1214 of 2010 * Rama s/o Jyotiba Kokane Deceased through legal heirs 1/A) Ankush s/o Rama Kokane. 1/B) Sambhaji s/o Rama Kokane. 1/C) Jyoti ram s/o Rama Kokane. 1/D) Kanchan w/o Shrirang Kokane. 1/E) Suman w/o Shrirang Kokane. .. Applicants. Versus 1) Vice Chancellor, Marathwada Agricultural University, Parbhani. 2) The State of Maharashtra Through Collector, Latur. .. Respondents. -------- Shri. S.V. Chandole, Advocate holding for Shri. Subhash Chillarge, Advocate, for the applicants. Shri. Manish N. Navandar, Advocate for respondent No.1. Shri. K.G. Patil, Assistant Government Pleader, for respondent No.2. -------- 3 CA No.9836 of 2011 CORAM: NARESH H PATIL And A.H. JOSHI, JJ. DATE: 2nd SEPTEMBER 2011 PER COURT : 1) Heard. 2) Pursuant to orders dated 20th September 2010 and 5th May 2011 the appellant - University has deposited 50% of the amount granted under Award with the Registry of this Court. 3) The learned counsel for the applicants submits that the applicants have produced cogent and reliable evidence to claim amount of compensation. Section 4 Notification was published on 9-1-1989. Award was passed by the Special Land Acquisition Officer on 27-4-1993. The Special Land Acquisition Officer has granted compensation at the rate of Rs.600/- per R whereas the Reference Court has awarded compensation at the rate of Rs.28/- per square feet in LAR No.234 of 1994 (First Appeal No.1213 of 2010) and LAR No.235 of 1994 (First Appeal No.1214 of 2010) and Rs.30/- per square feet in LAR No.236 of 1994 (First Appeal No.2486 of 2010). 4 CA No.9836 of 2011 4) Learned counsel Shri. Navandar has placed reliance on the following judgments. (1) Special Land Acquisition Officer, Karnataka Housing Board v. P.M. Mallapa, 1997(4) SCC 429. (2) R.P. Singh v. Union of India, 2005(7) SCC 24. (3) State of Maharashtra v. Digamber Tandale, 1996(2) SCC 583. (4) Kanwar Singh v. Union of India, 1998(8) SCC 136. (5) Hookey's Singh v. Special Land Acquisition Officer, Moradabad, 1996(3) SCC 766. (6) Basant Kumar v. Union of India, 1996(11) SCC 542. 5) Shri. Navandar, learned counsel, submits that while considering the civil applications provisions of the Land Acquisition Act need to be considered. It was further submitted that the sale instances are referable to small portions of land whereas, large track of land was acquired in the present case. The counsel submits that in case the amount is allowed to be withdrawn by the applicants, the same be allowed by furnishing bank guarantee. 6) We have perused the record, judgments cited above and considered the submissions advanced. 5 CA No.9836 of 2011 7) This Court had granted stay to the execution of the award on original appellant's depositing 50% of the amount awarded by the Reference Court. Considering he submissions advanced, we pass following order. 8) The applicants are allowed to withdraw amount deposited with the registry of this Court on following conditions : (A) The applicants are allowed to withdraw 50% of the amount deposited without furnishing surety. (B) Remaining 50% of the amount is allowed to be withdrawn on furnishing bank guarantee of any Nationalized or scheduled Bank to the satisfaction of the Registrar (Judicial) of this Court. (C) The Bank Guarantee shall be kept in operation till final disposal of the appeals. (D) The applicants shall furnish undertaking with the Registry of this Court that in case the appeals are allowed 6 CA No.9836 of 2011 the applicants would return the amount withdrawn. The Registry of this Court shall not disburse the amount without applicants furnishing undertaking to this Court. 9) The Civil Applications are disposed of. Sd/- Sd/- (A.H. JOSHI, J.) (NARESH H PATIL, J.) rsl