IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO.2548 OF 2009 IN FIRST APPEAL NO.229 OF 2009. (BHARAT SANCHAR NIGAM LIMITED ..VS... PRASHANT PREMCHAND TATED & OTH.) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Ms. U.R. Tanna, Advocate for Appellants. Shri Abhay Sambre, Advocate for Respondent No.1. CORAM : A.H.JOSHI & A.R.JOSHI, JJ. DATED : DECEMBER 02, 2009. 1. Heard learned Advocate Shri Sambre for the applicant/ respondent and learned Advocate Ms. Tanna for original appellant. 2. Enhancement awarded by impugned award is @ Rs.210/- per sq.meter. This Court has today admitted the appeal. 3. The ground raised is that B.S.N.L. had no notice. It is not disputed that the Telegram Department who is predecessor in interest of the appellant was already a party. 4. Perusal of the judgment discloses that the sale instances of lands in the vicinity prior to notice under Section 4 has come on record showing consideration value @ Rs.48/- per sq.ft. and even above. Other lands are also sold for the price which is around Rs.210/- per sq.meter. 5. The applicant has, in the aforesaid premises, made out case for permission to withdraw. 6. Civil Application is, therefore, allowed in the following terms : a) Applicant/ Respondent No.1 is permitted to withdraw half of the amount of compensation unconditionally. b) The applicant shall submit undertaking that, in the event compensation amount is reduced by the Court, he would refund it with interest. JUDGE JUDGE RR.