1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. C.A. No.2440/2008 in First Appeal No.56/2006 (MIDC .vs. Kailashchandra Ratanlal Choudhary and ors. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders ======================================= Ms. Athale, Advocate for the Appellant. Mr. Anand Parchure, Advocate for Respondent No.1. Mr. J.B. Jaiswal, AGP for Respondents 2 & 3. .......... CORAM : K.J. ROHEE &, PRASANNA. B. VARALE, JJ. DATED : NOVEMBER 12, 2008 1. Heard counsel for the parties. 2. It is stated that 4.47 hectares of land owned by respondent no.1 was acquired by the appellant. Land Acquisition Officer has granted compensation of Rs.6,705/- for the land and Rs.1305/- for Murum of hill plus 30 % solatium and interest etc. Reference Court , however, granted compensation for the land to the tune of Rs.37,06,948/- and for Murum of hill Rs.34,53,582/- plus 30 % solatium and interest. Thus the amount of compensation granted by Reference Court as calculated by respondent no.1 comes to Rs.2,31,21,520/- The vast difference between the compensation granted by the LAO and the one granted by the Reference Court is because the 2 Reference Court calculated compensation @ Rs.16/- per sq.ft. No doubt the appellant has deposited 50 % of the amount of compensation granted by the Reference Court. However, considering the circumstances of the case, we are not inclined to permit respondent no.1 to withdraw 50 % of the amount deposited by the appellant as prayed for by respondent no.1. We, however, permit respondent no.1 to withdraw 10 % of the amount deposited by the appellant. The remaining amount be invested with any Nationalized Bank initially for a period of three years. It is clarified that respondent no.1 may withdraw the amount of periodical interest. JUDGE JUDGE halwai