1 C.A..No. 14601 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CIVIL APPLICATION NO.14601 OF 2011 IN FIRST APPEAL NO.970 OF 2011 Lala Kashinath Sonwane & anr. ..APPLICANTS VERSUS Executive Engineer, Minor Irrigation Division & anr. ..RESPONDENTS Mr V.V. Ingale, Advocate for the applicants; Mr G.B. Rajale, Advocate for respondent no.1; Mrs V.A. Shinde, A.G.P. for respondent no.2 CORAM : A.V. POTDAR, J. DATE : 9th December, 2011 PER COURT : This is an application by the original claimants to withdraw the amount deposited by the respondents/appellants in First Appeal in the Reference Court. Perusal of the record shows that land of the applicants, ad measuring 1 Hectare 96 Are was acquired, for which the Land Acquisition Officer has awarded the compensation in award in the sum of Rs.98,192/-. The Reference Court in the Reference under section 18 of the Land Acquisition Act granted the enhanced compensation at the rate of Rs.388/- per Are, which comes to Rs.37,333/-. Considering the fact that the amount of award by the Land Acquisition Officer at the rate of Rs.273/- per Are and the enhancement by the Reference Court at the rate of Rs.1500/- per Are, it is desirable, as the other claimants in the other References were allowed to withdraw 50% of the amount deposited 2 C.A..No. 14601 of 2011 by the acquiring body, the appellants, the same criteria to be applied for the permission of withdrawal of these claimants also. 2. In the light of above, application is partly allowed. The applicants are allowed to withdraw 50% of the amount deposited by the appellants in the First Appeal from the amount deposited in the Lower Court, on furnishing the security to the satisfaction of the Reference Court, which has passed the award. Needless to say, in addition to this, applicants to furnish an undertaking that they are withdrawing this amount subject to final result in the First Appeal. 3. Parties to act on the authenticated copy duly signed by Sheristedar of this Court. (A.V. POTDAR, J.) amj/ca14601.11