1 CA No.10948 of 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Civil Application No.10948 of 2010 In First Appeal No.833 of 2009 Satish Rangnath Wani & Others. ... Applicants. Versus The Executive Engineer (C) E.H.V. Civil Construction Division, M.S.E.B. Aurangabad Now Maharashtra State Electricity Transmission Co.Ltd. EHV CCCM Division Eklahare, Nasik Road. ... Respondents. -------- Shri. Y.V. Kakade, Advocate for the applicants. Shri. A.S. Bajaj, Advocate, for respondent No.1. Shri. S.K. Kadam, Assistant Government Pleader, for respondent No. 2. -------- CORAM: NARESH H PATIL & T.V. NALAWADE, JJ. DATE 25th NOVEMBER 2011 PER COURT : 1) Heard. 2) Perused the original Record and Proceedings of the trial Court, sale instances produced by the claimants 2 CA No.10948 of 2010 and judgment and Award of the Reference Court. Section 4 Notification was issued on 4-1-1992. 3) Learned counsel Shri. Bajaj submits that 10 acres of agricultural land was acquired by the appellant - MSEB. The Reference Court granted compensation at the rate of Rs.4/- per square feet, which, according to the counsel, is on higher side and against record. Deductions have not been made while determining the compensation. 4) Learned counsel for the applicants submits that considering commercial potentiality, sale instances and the evidence on record the Reference Court has determined the compensation which is just and proper. 5) Prima facie, we notice that the Reference Court has not deducted portion from the acquired land for development purpose. We have considered the sale instances and the evidence on record. An amount of 50% of the amount has been deposited by the acquiring body in the Registry of this Court, according to the counsel. 3 CA No.10948 of 2010 6) Considering the submissions advanced we pass following order. (A) The claimants are entitled to withdraw an amount of Rs.15,00,000/- (Rupees fifteen lakhs) without furnishing any surety. (B) The claimants are entitled to withdraw remaining amount by furnishing solvent surety to the satisfaction of the Registrar (Judicial) of this Court. The civil application is disposed of. Sd/- Sd/- (T.V. NALAWADE, J.) (NARESH H PATIL, J.) rsl