1 ca17457.10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD civil application No. 17457 of 2010 IN First Appeal No.737 of 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Coram: Naresh H. Patil and Shrihri P. Davare, JJ. Date : 16.12.2010 1. Heard Shri V.D.Sakolkar learned Adv. for applicant and Shr D.P.Palodkar, learned Adv. for Respondent No.1. 2. Applicants have prayed for withdrawal of amount which has been deposited by the appellant in the registry of this court. We have considered the facts of the case, judgment delivered by the trial court, the submissions advanced by the learned counsel for the parties in respect of the evidence led by the parties before the trial court. 3. Claimants' land to the extent of 3 hectare 50 Are was acquired for setting up 132 K.V. sub station of 2 ca17457.10 M.S.E.B. Notification under Section 4 of the Land Acquisition Act, 1894 was issued on 8.8.2002 and notification under Section 6 of the said Act was issued on 22.6.2003. Reference under Section 18 of the Act, bearing L.A.R. No. 50 of 2005, came to be decided by learned Civil Judge, Senior Division, Latur, by judgment and order dated 8.10.2009, partly allowing the claim of the claimants. 4. Shri Sakolkar, learned counsel for the applicants submits that, in fact, amount under the award with accrued interest comes near about to Rs.10.00 crores and this court, by an order dated 26.4.2010 passed in C.A. No. 3955 of 2010 filed by appellant in the present appeal, stayed execution of the award, on appellant depositing an amount of Rs.1.00 crore. Learned counsel for the appellant submits that subject land is on the outskirts of Chakur town and not within the municipal limits of the town and, therefore, the applicant is not entitled to be paid the rate on square foot basis. 5. After considering the facts of the case and submissions advanced, we are inclined to allow the 3 ca17457.10 claimants to withdraw the amount deposited in this court by the appellant, by putting certain conditions. (A). Fifty per cent amount out of the amount of Rs.1.00 crore deposited in this court, is permitted to be withdrawn by the applicant without furnishing any surety. (B). Remaining fifty percent amount of Rs.1.00 crores is permitted to be withdrawn by the applicants, by furnishing a solvent surety to the satisfaction of the Registrar (Judicial) of this Court. (C). Withdrawal of amount shall be subject to final outcome of the first appeal. 6. Civil Application allowed and disposed of, accordingly. (SHRIHARI P. DAVARE, J.) (NARESH H. PATIL, J.) pnd/ca17457.10