FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURNAGABAD Office Notes, Memoranda of Coram, appearances, Court’s orders or directios and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS __________________________________________________________________________________________ 919 CIVIL APPLICATION NO. 10075 OF 2011 ,In FA/1678/2010 WITH 921 CIVIL APPLICATION NO. 10078 OF 2011 ,In FA/1673/2010 WITH 922 CIVIL APPLICATION NO. 10082 OF 2011 ,In FA/1706/2010 WITH 923 CIVIL APPLICATION NO. 10083 OF 2011 ,In FA/1680/2010 WITH 924 CIVIL APPLICATION NO. 10084 OF 2011 ,In FA/1675/2010 WITH 925 CIVIL APPLICATION NO. 10086 OF 2011 ,In FA/1710/2010 ... Advocate for applicant(s) : Mr. A.B. Kale h/f Mr. B.K. Pawar AGP for Respondent(s): Mrs. A.V. Shinde Advocate for Respondent 1 : Mrs. Vaishali Jadhav ... CORAM : MRIDULA BHATKAR, J. Dated: September 16, 2011 ... 1 These applications are moved by the applicants who are respondents in the first appeals, for withdrawal of the amount which was deposited by the appellant / acquiring body. 2 References were preferred before the Civil Judge, Sr.Dn., Dhule against the award passed by the Special Land Acquisition Officer. Reference court enhanced the amount of award and all the references were allowed. Being aggrieved by the said orders, FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURNAGABAD Office Notes, Memoranda of Coram, appearances, Court’s orders or directios and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS __________________________________________________________________________________________ appeals are preferred by the acquiring body. Appellant / acquiring body has deposited the entire amount of the award in all the appeals. 3 Learned counsel for the applicants submits that the lands were acquired for “Vadi Shetade” project. There are other land references decided in respect of the other lands acquired under the same project and appeals are preferred against those references by the acquiring body. It is submitted that in those connected appeals, this court allowed the applicants / respondents to withdraw entire amount by giving break up viz; 50% amount to be withdrawn on furnishing bank guarantee and remaining 50% amount was allowed to be withdrawn on giving undertaking. Learned counsel therefore prays that same order may be passed. He further submits that condition of bank guarantee was modified considering the financial condition of those applicants and it was substituted by solvent surety for withdrawal of 75% of the amount and the remaining 25% amount was directed to be withdrawn on undertaking. Learned counsel for appellant submits that only 50% of the amount be allowed to be withdrawn. She submits that the amount deposited and payable pursuant to the reference are much more than the amount which was payable in the connected matters. 4 Perused the order dated 8-4-2011 in Civil Application no. 3510/2011 in First Appeal no. FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURNAGABAD Office Notes, Memoranda of Coram, appearances, Court’s orders or directios and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS __________________________________________________________________________________________ 1422/2010. Amount payable to the present applicant approximately ranges from Rs.6,00,000/- to Rs. 12,00,000/-. Hence, order passed initially in the connected appeals is passed in these applications also. Applicants are allowed to withdraw 50% of the amount on furnishing bank guarantee and remaining 50% amount by furnishing undertaking. All civil applications stand disposed of. ( MRIDULA BHATKAR, J. ) dyb ‘