1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CIVIL APPLICATION NO.4626 OF 2009 IN FIRST APPEAL NO.3509 OF 2008 Sakharam s/o Chudaji. ..Applicant. V E R S U S Godavari Marathwada Irrigation Development Corporation and ors. ..Respondents. AND CIVIL APPLICATION NO. 4628 OF 2009 IN F.A. NO. 3512 OF 2008 Shakuntalabai w/o Dattaramji ..Applicant v e r s u s Godavari Marathwada Irrigation Development Corporation and others. ..Respondents. AND CIVIL APPLICATION NO. 6727 OF 2009 IN F.A. NO. 3964 OF 2008 Sk. Maheboob s/o Sk. Husain and ors. ..Applicants v e r s u s Godavari Marathwada Irrigation Development Corporation and others. ..Respondents. AND CIVIL APPLICATION NO.6728 OF 2009 IN F.A. NO. 3961 OF 2008 Laxman Narayan Bokhare. ..Applicant v e r s u s Godavari Marathwada Irrigation Development Corporation and others. ..Respondents. 2 AND CIVIL APPLICATION NO. 6729 OF 2009 IN F.A. NO. 3963 OF 2008 Dinaji s/o Nagu Duthade and ors. ..Applicants v e r s u s Godavari Marathwada Irrigation Development Corporation and others. ..Respondents. AND CIVIL APPLICATION NO. 6747 OF 2009 IN F.A. NO. 3965 OF 2008 Maroti s/o Durgaji Kale & ors. ..Applicants v e r s u s Godavari Marathwada Irrigation Development Corporation and others. ..Respondents. AND CIVIL APPLICATION NO.6809 OF 2009 IN F.A. NO. 3966 OF 2008 Maroti s/o Durgaji Kale and anr. ..Applicants v e r s u s Godavari Marathwada Irrigation Development Corporation and others. ..Respondents. AND CIVIL APPLICATION NO. 7666 OF 2009 IN F.A. NO. 3500 OF 2008 Maroti s/o Mahaji Pawar. ..Applicant v e r s u s Godavari Marathwada Irrigation Development Corporation and others. ..Respondents. ...... Shri Shahaji B Ghatol Patil, Advocate for the applicant. Shri S.G. Sangle Advocate for respondent No.2. Smt. S.S. Autade, AGP for state. 3 CORAM : R. M. BORDE, J. DATE : 31 ST JULY, 2009. PER COURT :- 1- Heard Shri S.B. Ghatol Patil, counsel for the applicant/s and Shri S.G. Sangle, learned counsel appearing for respondent no.1. Smt. S.S. Autade, Learned Assistant Government pleader appears for State. 2- These are the applications seeking withdrawal of amount of enhanced compensation deposited by the acquiring body i.e respondent No.1 in this Court while admitting the appeal. It is stated that Special Land Acquisition Officer has determined the amount of compensation payable to the claimants between Rs.30,000/- to Rs. 37,000/- per hectare where as enhancement awarded by the reference Court is to the extent of Rs.24,000/- per hectare. The rate awarded by the reference court is to the extent of Rs.60,000/- per hectare. Considering the meager enhancement that has been awarded by the reference court I am of the opinion that applicants/original claimants are entitled to withdraw the amount deposited in this Court by acquiring body towards enhancement of compensation amount. Considering this following order is passed. 1- The applicant be permitted to withdraw the amount to the extent of 75 percent, out of total amount deposited by the acquiring body on furnishing solvent surety for the like amount. 4 2- Balance 25 percent of the amount shall be invested in fixed deposit, initially for a period of three years. Fixed deposit receipts shall be renewed, there after every year. 3- Civil applications stand disposed of. ( R. M. BORDE ) JUDGE **** aaa/4626.09