1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.13227 OF 2009 IN FIRST APPEAL NO.719 OF 2009 Dashrath s/o Hariba Zare Applicant Versus The Executive Engineer, L.T.P. Canal Division No.II, Latur and another Respondents WITH CIVIL APPLICATION NO.13358 OF 2009 IN FIRST APPEAL NO.739 OF 2009 Shahurao Venkatrao Mane (died) LR Applicant Versus The Executive Engineer, L.T.P. Canal Division No.II, Latur and another Respondents WITH CIVIL APPLICATION NO.13371 OF 2009 IN FIRST APPEAL NO.776 OF 2009 Ram s/o Narayan Mane Applicant Versus The Executive Engineer, L.T.P. Canal Division No.II, Latur and another Respondents WITH CIVIL APPLICATION NO.13235 OF 2009 IN 2 FIRST APPEAL NO.737 OF 2009 Gana Mahadu (died) L.R. Applicant Versus The Executive Engineer, L.T.P. Canal Division No.II, Latur and another Respondents WITH CIVIL APPLICATION NO.13234 OF 2009 IN FIRST APPEAL NO.721 OF 2009 Gunwant s/o Venkatrao Mane Applicant Versus The Executive Engineer, L.T.P. Canal Division No.II, Latur and another Respondents WITH CIVIL APPLICATION NO.13232 OF 2009 IN FIRST APPEAL NO.722 OF 2009 Govind s/o Digambar Patil Applicant Versus The Executive Engineer, L.T.P. Canal Division No.II, Latur and another Respondents WITH CIVIL APPLICATION NO.13233 OF 2009 IN FIRST APPEAL NO.727 OF 2009 Rangnath Sadhu Shinde Applicant 3 Versus The Executive Engineer, L.T.P. Canal Division No.II, Latur and another Respondents WITH CIVIL APPLICATION NO.13231 OF 2009 IN FIRST APPEAL NO.773 OF 2009 Venkat s/o Sidhaji Patil Applicant Versus The Executive Engineer, L.T.P. Canal Division No.II, Latur and another Respondents WITH CIVIL APPLICATION NO.13230 OF 2009 IN FIRST APPEAL NO.740 OF 2009 Shripati s/o Eknath Jamge Applicant Versus The Executive Engineer, L.T.P. Canal Division No.II, Latur and another Respondents WITH CIVIL APPLICATION NO.13228 OF 2009 IN FIRST APPEAL NO.726 OF 2009 Babruwan s/o Maroti Mane Applicant Versus The Executive Engineer, L.T.P. Canal Division No.II, Latur 4 and another Respondents Mr.G.V.Mohekar, advocate for applicant/s. Mrs.Geeta Deshpande, advocate for Respondent No.1. Mr.B.V.Wagh, A.G.P. for Respondent No.2­State. CORAM: R.M.BORDE, J. DATE : 10 th February, 2010. P.C.: 1 These are applications seeking withdrawal of amount of compensation deposited by acquiring body. 2 First Appeals are already admitted and in pursuance to the directions issued by this Court, acquiring body has deposited amount of compensation covered by award. Applicants, in respective applications, have also sought direction in respect of deposit of amount towards rental compensation, which has been directed to be paid under the award @ 8% p.a. from the date of Section 4 Notification till date of award. 3 That, so far as request for withdrawal of amount is concerned, considering facts and circumstances of these cases, I am of the view that claimants/applicants can be permitted to withdraw the amount on furnishing solvent security for like amount. 4 So far as request made by applicants for issuing direction to the acquiring body to deposit amount towards rental compensation is concerned, in my view, direction contained in paragraph (3) of operative order of award passed by Civil Judge, Senior Division, Nilanga, is not 5 contemplated by the provisions of Land Acquisition Act. The acquiring body cannot be directed to pay rental compensation from the date of Section 4 Notification till date of award. Rental compensation is payable anterior to initiation of proceedings under Land Acquisition Act. The direction contained in paragraph (3) of the award, on the face of it, appears to be improper. Request made by applicants seeking direction to acquiring body for making deposit of amount in terms of paragraph (3) of award, therefore, stands rejected. 5 Applicants, however, are permitted to withdraw the amount of compensation deposited by acquiring body in this Court on furnishing solvent security for the like amount. 6 Civil Applications stand disposed of. No costs. (R.M.BORDE) JUDGE ******* adb/ca13227090