1 caf1422-3070 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.1422 OF 2011 AND CIVIL APPLICATION NO.3070 OF 2011 IN FIRST APPEAL NO.1173 OF 2011 The Maharashtra Road Transport Corporation ...Applicant (IN BOTH APPLICATIONS) vs. Shri Pujya Pad Advai Panch Parmeshwar Panchaiti Akhara Bara Udasin Nirwan & Ors. ...Respondents (IN BOTH APPLICATIONS) Mr.P.G.Lad for the applicant Mr.J.H.Ahuja for the respondent nos.1 to 11 CORAM : A.S.OKA,J. DATE : JULY 29, 2011 P.C.: 1 Heard the learned counsel for the applicant. Civil application no.3070 of 2011 is for modification of the ad-interim order passed on Civil Application no.1422 of 2011 on 20 th April 2011. By the ad-interim order dated 20 th April 2011 the applicant was directed to deposit entire compensation amount with the Tribunal. By Civil Application no.3070 of 2011, it is pointed out that a sum of Rs.50,69,390/- is pending with the Reference Court as per the order passed in the First Appeal no.457 of 2002. The second grievance is that interest under section 28 of the Land Acquisition Act,1894 is made payable even on solatium and 2 caf1422-3070 interest @ 12%. The second submission has no merit as the law requires that interest under section 28 is to be paid on the components of market value, solatium and interest under section 23 (1-A). As far as first submission is concerned, the applicant will be entitled to necessary adjustment. 2 Hence, applications are disposed of by passing the following order : i) There will be interim relief in terms of prayer clause (a) of civil application no.1422 of 2011 subject to condition of the applicant depositing entire compensation amount with the Reference Court within a period of ten weeks from today. While depositing the amount, the applicant will be entitled to adjust the amount deposited in terms of the order passed in First Appeal no.457 of 2002. ii)If the amount is not deposited within 10 weeks from today, stay will stand vacated without further reference to the Court. As and when the amount is deposited, the Reference Court will allow the original claimants to withdraw the compensation amount on furnishing bank guarantee of any nationalised bank for the entire amount. iii)Before accepting bank guarantee, the applicant will be heard by the Reference Court. iv)There will be no order as to costs. JUDGE