wp2795-11.sxw 1 spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2795 OF 2011 The General Secretary Deccan Gymkhana, Pune ... Petitioner. V/s. The Special Land Acquisition Officer 16 and Anr. ... Respondents. --- Mr. Sachin S. Punde for the Petitioner. Mr. Bharat Mehta for the Respondent No.2. Mr. S.D. Rayrikar, AGP for the Respondent No. 2. --- CORAM:- G.S. GODBOLE, J. DATED :- 07th DECEMBER, 2011. P.C. : 1 Notice was issued for final disposal on 6th April, 2011. Respondents are served. 2 Rule. Rule made returnable forthwith and heard by consent of the parties. 3 I have perused the Judgment and Award dated 29th April, 2009 passed by the learned Adhoc District Judge-3, Pune in LAR No.442/2002. The First Appeal No. 1218/2010 is filed by the present Petitioner for enhancement of compensation. No First Appeal has been filed by the Respondents in the LAR No. 442/2002, namely, PMC or State of wp2795-11.sxw 2 Maharashtra. Thus the challenge in First Appeal No. 1218 of 2010 is restricted, namely, there is no challenge to the compensation already awarded but the challenge is to inadequacy of the compensation, whereby the original claimant has demanded higher amount. In view of this, one fails to understand the logic in passing the impugned order by the learned District Judge, Pune as to why the Petitioner should be put to the condition of giving a Bank Guarantee. The learned Judge has clearly committed an error apparent on the face of the record. 4 Hence, a case of interference is made out. Rule is made absolute in terms of prayer clause (a). [G. S. GODBOLE, J.]