( 1 ) FARAD CONTINUATION SHEET NO. IN THE COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR. C. A. NO.4090/2008 IN FIRST APPEAL NO.831/2007 State of Maharashtra and 1 another. -vs- Sakhahari Sampat Kale. Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. CORAM : VASANTI A. NAIK, J. DATE : 17/06/2008 Heard Shri Dhote, A. G. P. for the State and Shri Laddhad, the learned counsel for the applicant. Though, this court had by an order dated 5th October, 2007 directed the appellant to deposit only 40% amount of the award in this court, it appears that the State of Maharashtra is deposited the entire amount payable in terms of award in this court. It appears that the Reference Court had in some of the land acquisition cases ( 2 ) arising out of the same Sec.4 Notification granted compensation at the rate of Rs.52,619/- per hectare where as in a few cases, it was granted only at the rate of Rs.35,000/- per hectare. The Reference Court had further ignoring the settled principles of law and specially laid down in the judgment of the Apex Court reported in AIR 1996 Supreme Court 106, granted separate compensation of the land and trees though, it was not permissible to do so. The State has made out a strong prima facie case in their favour for challenging the award passed by the Reference Court. In the facts and circumstances of the case since the State of Maharashtra has erroneously deposited the entire amount of compensation payable under the award in this court, applicant/respondent is permitted to withdraw only an amount of Rs.25,000/- on furnishing solvent surety/ security to the ( 3 ) satisfaction of the Additional Registrar (Judicial). The balance amount deposited by the appellant in this court should be placed in a fixed deposit account in a nationalised bank initially for a period of 3 years and the same should be renewed thereafter from time to time during the pendency of the first appeal. The civil application is allowed in the aforesaid terms and disposed of. JUDGE gsk