FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CIVIL APPLICATION NO.4306/2008 IN FAST 7570/2008 CORAM : R.M.BORDE, J. DATE : 6 th JUNE, 2011 1. Heard Mr. K.S.Patil learned AGP for State and Advocate Mr. Shelke for respondent. 2. This is an application seeking condonation of delay of 153 days occurred in presenting appeal. 3. For the reasons stated in the application, application deserves to be allowed and same is accordingly allowed. Delay of 153 days occurred in presenting appeal stands condoned. Civil application stands disposed of. ( R.M.BORDE, J. ) --- Dt : 6-6-2011 aaa/4306.08 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders FIRST APPEAL ST NO.7570/2008 CORAM : R.M.BORDE, J. DATE : 6 th JUNE, 2011 1. Heard. 2. Admit. 3. Printing dispensed with. Counsel appearing for respondent waives service of notice. ( R.M.BORDE, J. ) --- Dt : 6-6-2011 aaa/4306.08 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CIVIL APPLICATION NO.4307/2008 IN FAST 7570/2008 CORAM : R.M.BORDE, J. DATE : 6 th JUNE, 2011 . The sale instance produced on record by the claimant gives price of the adjoining property approximately at Rs.4/- per square feet. The reference court has also not affected deduction on account of the development charges from the amount payable towards the market value, considering the non agriculture potential of the property nor has affected deduction in respect of the area, while determining amount of enhanced compensation. Considering this aspect of the matter, I deem it appropriate to direct the state to deposit 50% of the amount covered by the award, inclusive of interest, in this Court within a period of 12 weeks from today. Subject to condition of deposit of amount as directed above, stay to the execution and operation of the award passed in LAR No. 153/1997 dated 30.07.2007. Civil application stands disposed of. ( R.M.BORDE, J. ) Dt : 6-6-2011 aaa/4306.08