1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.9632 OF 2009 IN FIRST APPEAL NOS.466 OF 2006 Kishanrao S/o.Sayanna Nugrawar APPLICANT VERSUS The State of Maharashtra and others RESPONDENTS Mr.P.R.Katneshwarkar, learned counsel for applicant Mr.D.R.Korde, learned counsel for the respondents. (CORAM : R.G.KETKAR, J.) DATE : 06/11/2009 PER COURT : 1. This application is taken out by claimant for withdrawal of amount of Rs.16,84,141/- deposited by the respondents in this Court. 2. The applicant was the owner and occupier of land admeasuring 60R out of Survey No.124/B-1 and 124/B-2, situate at Biloli, Dist. Nanded (For short ‘suit land’), which was acquired for construction of Dr. Babasaheb Ambedkar Backward Class Boys Hostel. The proceedings were initiated under the Land Acquisition Act, 1894 (For short ‘Act’) for acquisition of the suit land and the award was made on 12/06/2002. The Special Land Acquisition Officer awarded an amount of Rs. l,45,800/- It is grievance of 2 the applicant that even this amount is not paid to him till date. Being aggrieved by this, reference was made u/s. 18 of the Act and in the reference, the amount was enhanced and applicant was held to enhanced compensation @ 10/- per Sq.Ft. together with benefits under the Act. Against this order, the respondents preferred first appeal in this Court. The appeal was admitted. The stay to the impugned order was granted by this Court on the condition of the respondents depositing Rs. 16,84,142/- in this Court. Pursuant to the order, the respondents have deposited the said amount in this Court. The application is taken out for withdrawal of the said amount. 3. I have heard Shri.P.R.Katneshwarkar, learned counsel for the applicant-the original claimant and Shri.Korde, learned AGP for State. As noted earlier, the applicant was not paid even the amount awarded by the Special Land Acquisition Officer. The applicant is allowed to withdraw Rs. 1,45,800/- without furnishing any security whatsoever. In so far as balance amount of Rs.15,38,342/- is concerned, the applicant is permitted to withdraw 50% of the said amount which comes to Rs.7,69,171/- on furnishing solvent security to the satisfaction of the Registrar of this Court. The balance amount of Rs.7,69,171/- shall be invested in fixed deposit of a Nationalized Bank initially for a period of one year to be renewed from time to time during the pendancy of first appeal in this Court. The applicant shall be paid the interest accrued on the fixed deposit without furnishing any security. Civil application stands disposed of in the aforesaid terms with no order as to costs. (R.G.KETKAR, J.) khs/NOV 2009/ca9632-09