1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Civil Application No.11553 Of 2010 In First Appeal No.1866 Of 2009 Chandrakant Limbaji Patil Died through legal representatives: Usha Chandrakant Patil And Others. .. Applicants. Versus Maharashtra Industrial Development Corporation Through Divisional / Regional Officer, Latur and Another. .. Respondents. -------- Shri. V.D. Gunale, Advocate for applicants. Shri. S.S. Dande, Advocate for respondent No.1. Shri. S.D. Kaldate, Assistant Government Pleader for respondent No.2. -------- CORAM: NARESH H PATIL & K.K. TATED, JJ. DATE: 1st OCTOBER 2010 2 PER COURT : 1) Heard. 2) The learned counsel for the applicants prays for withdrawal of amount deposited by the original appellant in this Court. According to the counsel, 4 Hectares 43 R land was acquired for public purpose by the Maharashtra Industrial Development Corporation (“MIDC”). The Special Land Acquisition Officer granted amount of Rs. 290/- per R by way of compensation. The Reference Court enhanced it to Rs.7,000/- per R. This Court by an order dated 16th April 2010 directed the MIDC to deposit 50% of the amount under Award while the MIDC prayed for stay to the execution of the Award. Accordingly, the appellant had deposited the amount with the Registry of this Court. 3 3) The counsel Shri. S.S. Dande appearing for the respondent No.1 / original appellant submitted that the Reference Court had granted exorbitant rate to the applicants and, therefore, the claimants shall not be permitted to withdraw the amount. 4) We have considered the submissions advanced. Perused the reasoning of the Reference Court. In light of the evidence and the submissions advanced we are inclined to allow the applicants to withdraw the amount in the following manner. (A) The applicants are entitled to withdraw 50% of the amount deposited in the Registry of this Court without surety. 4 (B) The remaining amount out of the amount deposited by the appellant – MIDC is permitted to be withdrawn by the applicants on furnishing Solvent Surety to the satisfaction of the Registrar (Judicial) of this Court. 5) The civil application is allowed to that extent. Sd/- Sd/- (K.K. TATED, J.) (NARESH H PATIL, J.) rsl/ ca.11553.10