{1} Civil Application No.14917/2011 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.14917 OF 2011 IN FIRST APPEAL NO.479 OF 2008 Sheshrao Deorao Deshmukh APPLICANT VERSUS The MIDC Ltd., & others RESPONDENTS ....... Mr.A.M.Gaikwad, Advocate for the applicant Mrs.V.A.Shinde, AGP for respondent State Mr.S.S.Dande, Advocate for respondent No.1 ....... [CORAM : A.V.POTDAR, J.] DATE: 9 th December 2011 PER COURT: 1. By this applications, the applicant seeks permission to withdraw the amount deposited by the acquiring body in this Court. Record shows that the land of the applicant was acquired @ Rs.50,000/- per acre, however, on an application being filed in the Reference Court, the same has been enhanced @ Rs.5 per square feet. However, it is a settled legal position that compensation in {2} Civil Application No.14917/2011 respect of big lands cannot be decided in square feet, but it has to be decided per R or per Acre or Hectare. Though, apparently, the compensation enhanced by the reference court appears to be exorbitant, yet considering the volume of property acquired and the prevailing market rates, it is desirable to allow the applicants to withdraw 50% of the amount deposited by the acquiring body. Consequently, the application is partly allowed. The applicants are permitted to withdraw 25% of the amount deposited by furnishing undertaking and remaining 25% by furnishing bank guarantee. The undertaking should specifically state that the withdrawal shall be subject to the final decision of the appeal. The bank guarantee should be to the satisfaction of the Registrar of this Court. Civil application disposed of accordingly. [A.V.POTDAR, J.] drp/B11/ca14917-11