1 CA No.8826 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Civil Application No.8826 of 2011 In First Appeal No.2309 Of 2010 * Tayappa s/o Barma Gaikwad .. Applicant. Versus 1) Maharashtra State Industrial Development Corporation Through its Divisional Officer, Latur. 2) The State of Maharashtra Through the Collector, Latur. 3) Special Land Acquisition Officer, Latur. .. Respondents. -------- With Civil Application No.9096 of 2011 With Civil Application No.6192 of 2011 In First Appeal No.2308 of 2010 * Shabbir Ali s/o Mirsaheb Ali. .. Applicant. Versus 1) Maharashtra State Industrial Development Corporation Through its Divisional Officer, Latur. 2 CA No.8826 of 2011 2) The State of Maharashtra Through the Collector, Latur. .. Respondents. ------- Shri. Prashant R. Katneshwarkar, Advocate for the applicants. Shri. S.S. Dande, Advocate for respondent No.1. Shri. K.G. Patil, Assistant Government Pleader, for respondent Nos.2 and 3. -------- CORAM: NARESH H PATIL And A.H. JOSHI, JJ. DATE: 2nd SEPTEMBER 2011 PER COURT : 1) Heard. 2) Pursuant to the order passed by this Court dated 1st October 2010 the appellant - MIDC has deposited the entire amount under award with the registry of this Court. 3) Perused the record placed before us. Learned counsel Shri. Dande, has placed reliance on the orders passed by this Court in CA No.2605 of 2011 in FA No.2466 of 2010 dated 18th March 2011; CA No.2605 of 2011 in FA No.2466 of 2010 dated 29th March 2011, CA No.14371 of 3 CA No.8826 of 2011 2010 in FA No.2221 of 2010 and companion matters dated 22nd October 2010; CA No.3485 of 2011 in FA No.2525 of 2010 dated 29th March 2011 and CA No.3958 of 2011 in FA No.2471 of 2010 dated 29th March 2011, in respect of the acquisition proceedings arising out of the adjoining lands. We have perused the said orders and the record and considered the submissions advanced. 4) We are not inclined to permit the applicants to withdraw the entire amount, which is deposited. However, the applicants may withdraw 50% of the amount. We pass following order: 5) The applicants/claimants are permitted to withdraw 50% of the amount which is deposited in the registry of this Court on the following conditions:- (A) Half of the 50% amount deposited in the registry of this Court is permitted to be withdrawn without furnishing surety. (B) Remaining half of the 50% amount be withdrawn by furnishing bank guarantee of nationalized / scheduled 4 CA No.8826 of 2011 bank to the satisfaction of the Registrar (Judicial) of this Court. (C) The Bank Guarantee shall be kept in operation till final disposal of the appeal. (D) The applicants shall furnish an undertaking with the Registry of this Court that they will return the amount withdrawn, in case the appellant MIDC succeeds in the matter. The registry of this Court shall not disburse the amount without applicants' furnishing undertaking to this Court. (E) The Registrar (Judicial) shall invest the remaining 50% of the amount with State Bank of Hyderabad, High Court Branch Aurangabad initially for a period of three years renewable thereafter from time to time till disposal of the appeals. 6) The Civil Applications are disposed of. Sd/- Sd/- (A.H. JOSHI, J.) (NARESH H PATIL, J.) rsl