* 1 * FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5346 OF 2006 IN FIRST APPEAL NO. 2456 OF 2006 IN L.A.R.23 OF 1993 ___________________________________________________________ Office Notes, Office Memoranda of Coram, apperances, Court's orders or Court's or Judge's directions and Registrar's orders orders __________________________________________________________________ Mr.S.N.Gawade, AGP for appellant/state. Mr.S.M.Kamble, adv.for respondents. Coram:Smt.R.P.SondurBaldota, J. Dated :18 th November, 2008. P.C. : 1. Heard the counsels. 2. The reference court has awarded compensation at the rate of Rs.25/- per sq.mtr for the land in question which is situate in Village- Kharghar, Taluka-Panvel, District- Raigad. The Division Bench of this court has awarded compensation on the market value ranging between Rs.18/- to Rs.22/- per sq.mtr for the surrounding lands in Village- * 2 * Kharghar acquired under notification dated 3rd February, 1970 issued under Section 4 of Land Acquisition Act, 1894. 3. In that view of the matter, the claimants are permitted to withdraw 50% of the amount without furnishing security and balance 50% on furnishing security to the satisfaction of the reference court. The Civil Application is disposed off with following order. 4. There shall be ad-interim relief in terms of prayer clause (b) subject to the condition, (i) The applicant deposits the entire amount due and payable under the impugned Award with the reference court within a period of 12 weeks from today. In the event of non-deposit, the interim relief shall stand vacated without * 3 * reference to the court. (ii) On the deposit being made, the reference court to permit the original claimants to withdraw 50% of the amount without security and the balance 50% on furnishing security to its satisfaction. 5. The applicants will be heard before accepting the security. With this, the Civil Application stands disposed off. [JUDGE] * 4 * FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 2456 OF 2006 ___________________________________________________________ Office Notes, Office Memoranda of Coram, apperances, Court's orders or Court's or Judge's directions and Registrar's orders orders __________________________________________________________________ Mr.S.N.Gawade, AGP for appellant/state. Mr.S.M.Kamble, adv.for respondents. Coram:Smt.R.P.SondurBaldota, J. Dated :18 th November, 2008. P.C. : 1. Admit. 2. To be heard alongwith First Appeal No.37 of 2007 [JUDGE] * 5 * * 6 *