:1: :1: :1: sac IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE Civil Application No. 5601 of 2008 Civil Application No. 5601 of 2008 Civil Application No. 5601 of 2008 in in in First Appeal No. 387 of 2006 First Appeal No. 387 of 2006 First Appeal No. 387 of 2006 Dnyanoba Pandurang Gaikwad since deceased through L.Rs. ..Applicants. Versus. The State of Maharashtra & Another. ..Respondents. --- Mr. Sachin Punde for the applicant. Mr. A. R. Patil, AGP for the respondent-State. CORAM: S. B. MHASE & CORAM: S. B. MHASE & CORAM: S. B. MHASE & A. A. SAYED,JJ. A. A. SAYED,JJ. A. A. SAYED,JJ. DATE: December 5, 2008. DATE: December 5, 2008. DATE: December 5, 2008. P.C. P.C. P.C. 1. This is application to release the amount of Rs. 41,45,064/- deposited by the respondent in L.A.R. No. 206 of 2000 with the Civil Judge, Senior Division, Raigad at Alibag. This is the enhanced amount of compensation since the land of the applicant has been acquired for New Bombay Project. Learned AGP for the State submits that half of the amount be released on obtaining the bank guarantee and remaining half amount be released on obtaining solvent surety. However, he has no objction to release the amount on above conditions. 2. What we find is that the land has already been acquired and this is the enhanced amount of compensation. :2: :2: :2: Accepting all the grounds raised in the appeal memo for a moment we find that the amount will not be reduced to less than 50%. Therefore, we find it appropriate to release the 50% amount without any surety and remaining 50% amount on obtaining bank guarantee. Therefore, we pass the following order. O R D E R. (1) Civil Judge, Senior Division, Raigad at Alibag is hereby directed to release the 50% amount out of Rs.41,45,064/- without any surety in favour of the applicant. (2) Remaining 50% amount shall be released only if the applicant furnishes the bank guarantee to that effect. (3) Civil Application is disposed of. (A.A.SAYED, J.) (A.A.SAYED, J.) (A.A.SAYED, J.) (S.B.MHASE, J.) (S.B.MHASE, J.) (S.B.MHASE, J.)