1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE, BENCH AT AURANGABAD. District : Parbhani Civil Application Nos. 2031/2009, 2032/2009, 2033/2009, 2034/2009, 2035/2009, 2036/2009, 2037/2009, 2038/2009 and 2039/2009. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders .............................................................................. Mr. S.U. Chaudhary, Advocate, for the applicants. Mr. V.S. Panpatte, Advocate, for non-applicant no.1. Assistant Government Pleader for non-applicant nos.2 and 3. .............................................................................. CORAM : B.R. GAVAI & N.D. DESHPANDE, JJ. DATE : 24TH JULY 2009 1. These are applications for withdrawal of the amount. 2. The applications are vehemently opposed by Mr. V.S. Panpatte, learned Counsel appearing for on behalf of the 2 Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders acquiring body, on the ground that the reference was beyond limitation and, as such, award could not have been passed. 3. We have carefully scrutinized the judgment. The Reference Court, in paragraph 11 of its judgment, has found that the comparable sale instances had taken place at the rate of Rs. 40,000/-, Rs. 41,000/- and Rs. 25,000/- per acre. Though the applicants had claimed that the land had a non-agriculture potential and had claimed much higher rate, the Reference Court on the basis of the aforesaid sale instances, has granted compensation at the rate of Rs. 30,000/- per acre for un-irrigated lands and Rs. 32,000/- per acre for irrigated lands. Taking into consideration this aspect of the matter, we find that the applications need to be allowed. However, at the same time, to safeguard interest of the public exchequer, certain conditions will 3 Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders have to be imposed. 4. Hence, the applications are allowed. The amount deposited in this court, by the appellant, is permitted to be withdrawn by the present applicants, on the applicants furnishing solvent surety of the amount sought to be withdrawn, to the satisfaction of the Registrar [Judicial] of this court. ( N.D. DESHPANDE ) ( B.R. GAVAI ) JUDGE JUDGE bgp/ca2031etc