1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Civil Application No.9249 Of 2010 In First Appeal No.1860 Of 2009 Abdul Gani Khairulla Chaudhary ... Applicant. Versus The State of Maharashtra And Another. ... Respondents -------- Smt. Madhaveshwari D. Thube-Mhase, Advocate for applicant. Shri. V.B. Ghatge, Assistant Government Pleader, for respondents Nos. 1 and 2. -------- CORAM: NARESH H PATIL & K.K. TATED, JJ. DATE: 13th AUGUST, 2010 PER COURT : 1) Heard. 2) The State of Maharashtra filed First Appeal No.1860 of 2009 against the judgment and award dated 15-9-2008 passed by the 3rd Joint Civil Judge, Senior Division, Latur in Land Acquisition Reference No.1 of 2007. In 2 Civil Application No.6113 of 2009 filed by the State a Division Bench of this Court passed order on 25th August 2009 staying the impugned judgment and award on conditions that the applicants therein i.e. the State of Maharashtra deposit 30% of the enhanced compensation within a period of eight weeks from the date of passing of the order i.e. 25th August 2009. On such deposit the Court granted liberty to the claimant to withdraw the amount on the conditions which are stipulated in the order itself. 3) The learned counsel for the applicant submits that under the judgment and award passed in Land Acquisition Reference No.1 of 2007 by the Reference Court statutory benefits granted under the provisions of the Land Acquisition Act are also included. 3 4) The applicant filed application (Exhibit 34) on 9-10-2009 before the executing Court in Special Darkhast No.2 of 2009 and another application (Exhibit 46) on 30-10-2009. The executing Court by order dated 30-10-2009 passed below Exhibit 34 in Special Darkhast No.2 of 2009 disposed of the said application and by an order dated 16-11-2009 passed below Exhibit 46 in Special Darkhast No.2 of 2009 rejected the said application. 5) In substance, the trial Court was of the view that the amount deposited by the State to the tune of Rs.17,95,568/- is the amount of compensation which could be withdrawn by the claimant in accordance with the conditions stipulated in the order passed by this Court on 25th August 2009. 4 6) We have heard the submissions advanced by the counsel for the applicant and the Assistant Government Pleader Shri. Ghatge. 7) In the light of the spirit of the judgment and order dated 15-9-2008 passed by the Reference Court we are of the considered view that the State ought to have deposited the enhanced amount of compensation which included principal amount and the statutory benefits as ordered by the Reference Court. The applicant was at liberty to withdraw the amount subject to conditions of withdrawal stipulated in para 2 of the order passed by this Court on 25th August 2009 in Civil Application No.6113 of 2009. 8) We therefore direct the State to deposit the amount of enhanced compensation in accordance with the observations made by 5 us as above and the order passed by the Reference court within 12 weeks from today. The execution of the impugned judgment and award stands stayed for a period of 12 weeks. In case the State deposit the said amount within a period of 12 weeks the applicant / claimant would be entitled to withdraw the same in accordance with the order passed by this Court on 25th August 2009 in Civil Application No.6113 of 2009. In case the amount as directed by this Court is not deposited within 12 weeks by the State, the applicant is entitled to resort to appropriate remedies as permissible in law to execute the award. 9) The Civil Application is disposed of. Sd/- Sd/- (K.K. TATED, J.) (NARESH H PATIL, J.) rsl/ ca.9249.10