1 CA No.7311 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Civil Application No.7311 of 2011 In First Appeal No.2129 Of 2010 1) Balbhim s/o Nivrutti Tele. 2) Bharat s/o Maruti Tele 3) Ram s/o Nivrutti Tele .. Applicants. Versus 1) Maharashtra Industrial Development Corporation, Through its Regional Officer at Latur. 2) The State of Maharashtra Through Collector, Latur. .. Respondents. -------- Civil Application No.7312 of 2011 In First Appeal No.2130 Of 2010 * Shrirang s/o Madhav Ghar. .. Applicant. Versus 1) Maharashtra Industrial Development Corporation, Through its Regional Officer at Latur. 2) The State of Maharashtra Through Collector, Latur. .. Respondents. -------- 2 CA No.7311 of 2011 Civil Application No.7313 of 2011 In First Appeal No.2127 Of 2010 * Sopan s/o Madhav Ghar. .. Applicant. Versus 1) Maharashtra Industrial Development Corporation, Through its Regional Officer at Latur. 2) The State of Maharashtra Through Collector, Latur. .. Respondents. -------- Civil Application No.7314 of 2011 In First Appeal No.2124 Of 2010 * Pralhad s/o Vithoba Chame. .. Applicant. Versus 1) Maharashtra Industrial Development Corporation, Through its Regional Officer at Latur. 2) The State of Maharashtra Through Collector, Latur. .. Respondents. -------- Civil Application No.7316 of 2011 In First Appeal No.2125 Of 2010 * Gopinath s/o Eknath Sude. .. Applicant. Versus 3 CA No.7311 of 2011 1) Maharashtra Industrial Development Corporation, Through its Regional Officer at Latur. 2) The State of Maharashtra Through Collector, Latur. .. Respondents. -------- Civil Application No.7317 of 2011 In First Appeal No.2126 Of 2010 1) Bhagwan s/o Madhavrao Ghar (Deceased) through his legal representatives : 1/1) Gayabai s/o Bhagwan Ghar 1/2) Sangita w/o Namdev Shinde 1/3) Lalita w/o Dnyaneshwar Shinde 2) Narsing s/o Bhagwan Ghar. .. Applicants. Versus 1) Maharashtra Industrial Development Corporation, Through its Regional Officer at Latur. 2) The State of Maharashtra Through Collector, Latur. .. Respondents. -------- Civil Application No.7318 of 2011 In First Appeal No.2128 Of 2010 * Vishwanath s/o Mahadu Boke Since deceased through his Legal Representatives: 4 CA No.7311 of 2011 1) Baban s/o Vishwanath Boke. 2) Sheshabai Dhondiram Walse. 3) Mukrambai w/o Nagnath Muske 4) Kamalbai w/o Madhukar Chalwad. .. Applicants. Versus 1) Maharashtra Industrial Development Corporation, Through its Regional Officer at Latur. 2) The State of Maharashtra Through Collector, Latur. .. Respondents. -------- Civil Application No.7319 of 2011 In First Appeal No.2131 Of 2010 * Maruti s/o Apparao Tele Since deceased through his Legal Representatives: 1) Kalawati w/o Maruti Tele 2) Bharat s/o Maruti Tele 3) Mahadev s/o Maruti Tele 4) Dhondiram s/o Maruti Tele. .. Applicants. Versus 1) Maharashtra Industrial Development Corporation, Through its Regional Officer at Latur. 2) The State of Maharashtra Through Collector, Latur. .. Respondents. 5 CA No.7311 of 2011 Civil Application No.7320 of 2011 In First Appeal No.2123 Of 2010 * Baburao s/o Nivrutti Chame. .. Applicant. Versus 1) Maharashtra Industrial Development Corporation, Through its Regional Officer at Latur. 2) The State of Maharashtra Through Collector, Latur. .. Respondents. -------- Shri. V.D. Gunale, Advocate for the applicants. Shri. S.S. Dande, Advocate for respondent No.1. Shri. K.G. Patil, Assistant Government Pleader, for respondent No.2. -------- CORAM: NARESH H PATIL And A.H. JOSHI, JJ. DATE: 2nd SEPTEMBER 2011 PER COURT : 1) Heard. 2) Pursuant to the order dated 23rd December 2010 passed by this Court the appellant - MIDC has deposited the entire amount under award with the registry of this Court. 3) Perused the record placed before us. Learned counsel Shri. Dande, has placed reliance on the orders 6 CA No.7311 of 2011 passed by this Court in CA No.2605 of 2011 in FA No.2466 of 2010 dated 18th March 2011; CA No.2605 of 2011 in FA No.2466 of 2010 dated 29th March 2011, CA No.14371 of 2010 in FA No.2221 of 2010 and companion matters dated 22nd October 2010; CA No.3485 of 2011 in FA No.2525 of 2010 dated 29th March 2011 and CA No.3958 of 2011 in FA No.2471 of 2010 dated 29th March 2011, in respect of the acquisition proceedings arising out of the adjoining lands. We have perused the said orders and the record and considered the submissions advanced. We pass following order: 4) We are not inclined to permit the applicants to withdraw the entire amount which is deposited. However, the applicants may withdraw 50% of the amount. 5) The applicants/claimants are permitted to withdraw 50% of the amount which is deposited in the registry of this Court on the following conditions:- (A) Half of the 50% amount deposited in the registry of this Court is permitted to be withdrawn without furnishing surety. 7 CA No.7311 of 2011 (B) Remaining half of the 50% amount be withdrawn by furnishing bank guarantee of nationalized / scheduled bank to the satisfaction of the Registrar (Judicial) of this Court. (C) The Bank Guarantee shall be kept in operation till final disposal of the appeal. (D) The applicants shall furnish an undertaking with the Registry of this Court that they will return the amount withdrawn, in case the appellant MIDC succeeds in the matter. The registry of this Court shall not disburse the amount without applicants' furnishing undertaking to this Court. (E) The Registrar (Judicial) shall invest the remaining 50% of the amount in State Bank of Hyderabad, High Court Branch Aurangabad, initially for a period of three years renewable thereafter from time to time till disposal of the appeals. 6) The Civil Applications are disposed of. Sd/- Sd/- (A.H. JOSHI, J.) (NARESH H PATIL, J.) rsl