1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR C. A. F. NO. 454 OF 2011 IN FIRST APPEAL NO. 905 OF 2009 State of Maharashtra & Ors. Vs. Pundlik Nathu Nagpure Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Orders Smt M. H. Deshmukh AGP for applicant/appellant. Shri V. G. Bhamburkar Adv for non applicant/respondent. CORAM: A. B. CHAUDHARI J. Dated: 26 th APRIL, 2011. This is an application for withdrawal of the entire amount deposited in this Court to the tune of Rs. 58,21,959/-. Shri Bhamburkar learned counsel for the respondent-claimant vehemently argued that the land belonging to the respondent was acquired along with 690 orange trees. There is no reason why the respondent-claimant should not be allowed to withdraw the entire amount, particularly when the respondent is ready to furnish solvent surety. Per contra, learned AGP for the appellant-non applicant opposes the application on the ground that the land that was acquired was only 1.88 Hectre and major compensation component is due to 690 orange trees for which the rate that is given by the reference Court is at Rs. 3000/- per tree. According to her, it is certainly on a higher side and the appellant- 2 State accepts prima facie feels that the said compensation may be substantially reduced at the final hearing of the First Appeal. Having heard the learned counsel for the rival parties and after going through the judgment of the reference Court, it is seen that 1.88 Hectre land was acquired and the compensation worked out by the reference Court for 690 Orange trees comes to around Rs. 21,00,000/-. The rate given by the trial Court is Rs. 3000/- per tree and there is no yardstick kept in mind by the trial Court while evaluating the compensation for all the orange trees. All the orange trees could not be of the same value and that is why in my opinion there is a prima facie case for the appellant to contend that the rate at Rs. 3000/- per tree can be said to be at higher side. In that view of the matter, I am not inclined to allow the claimant-respondent to withdraw the entire amount. However, I am inclined to allow the claimant-respondent to withdraw 50% of the amount deposited in this Court. Hence, the following order: ORDER The claimant-respondent is allowed to withdraw 50% of the amount deposited in this Court, upon furnishing solvent surety to the satisfaction of the Registrar of this Court. Civil Application disposed of. JUDGE svk 3 4 5 6