1 C.A..No.14590 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CIVIL APPLICATION NO.14590 OF 2011 IN FIRST APPEAL NO.969 OF 2011 Dattatraya Baburao Sonwane ..APPLICANT VERSUS Executive Engineer, Minor Irrigation Division & anr. ..RESPONDENTS Mr V.V. Ingale, Advocate for the applicant; 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 claimant seeking leave of this Court to withdraw the amount deposited by respondent no.1/appellant in the First Appeal before the S.L.A.O., Osmanabad. It is not in dispute that land ad measuring 1 Hectare 44 Ares of the claimant/applicant was acquired by the first respondent/original appellant. The S.L.A.O. has awarded the compensation at the rate of Rs.22,500/- per Hectare. Being aggrieved, a Reference was moved under section 18 of the Land Acquisition Act before the Reference Court, which awarded enhanced compensation at the rate of Rs.37,333/- per Acre while deciding the Reference with the benefit as provided under the Land Acquisition Act. Considering the amount of award decided by the S.L.A.O. and by the Reference Court, the enhanced compensation awarded by the 2 C.A..No.14590 of 2011 Reference Court is about more than three times than the amount awarded by the S.L.A.O. Considering this huge difference in enhancement of the compensation, at this juncture it is desirable that the applicant may be allowed to withdraw 50% of the amount deposited by the first respondent/appellant, before the SLAO with appropriate surety and furnishing an undertaking that this withdrawal is subject to the final decision in the appeal. 2. In the light of above, application is partly allowed. The applicant is allowed to withdraw 50% of the amount deposited before the S.L.A.O. by first respondent/appellant, which comes to Rs.3,40,170/-, on furnishing the surety to that effect and furnishing the usual undertaking. 3. Application stands disposed of accordingly. (A.V. POTDAR, J.) amj/ca14590.11