1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR CIVIL APPLICATION NO.8184/2007 IN FIRST APPEAL ST. NO.8625/2007 Special Land Acquisition Officer, Katepurna – Morna Project Akola ...Versus... Chhatu Imam Gawali (Dead) Through his Lrs. Dhanibai wd/o Chotu Nangiwale and others -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- [Shri D.B. Yengal, AGP for applicant] [Shri A.K. Choube, Adv. for respondent Nos.1 to 5] CORAM:- A.B. CHAUDHARI, J. DATED :- 06.04.2009 This is an application for condonation of delay in filing appeal. There is huge delay of 960 days. There is order of this Court dated 5.2.2009 to file additional affidavit in support of the application for condonation of delay subject to payment of costs of Rs.1,500/-. Costs be paid within a period of two weeks from today. Heard on this application for condonation of delay. 2 Learned Counsel for the respondents submits that the entire amount of compensation has been deposited in the trial Court, pursuant to the award passed and as this Court has granted interim stay of the judgment and award, the respondents are unable to get the compensation. Undoubtedly, the reasons furnished in this application for condonation of delay are vague, but they do contain the text of the reasons due to which the said delay of 960 days was caused. In view of the fact that the entire amount has been deposited in the trial Court and in view of the order I am going to make on stay application, this application for condonation is allowed. Delay is condoned. Civil Application stands disposed of. CIVIL APPLICATION NO.288/2008 Heard. Learned Counsel for the respondents submits that the entire amount under award has been deposited in the trial Court. In view of the fact that there is huge delay on the part of the State in prosecuting its remedy and the amount of compensation being Rs.8,35,080/-, it would be appropriate to permit the respondents to allow 3 withdrawal of 50% of the said amount, upon furnishing security to the satisfaction of the trial Court. Balance 50% amount shall be invested in fixed deposit initially for a period of five years and the same shall be renewed till disposal of the appeal. Accordingly, interim stay order dated 27.11.2007 is modified. Civil Application stands disposed of. FIRST APPEAL ST. NO.8625/2007 Heard. Admit. Advocate Shri Choube waives service for all respondents. JUDGE ssw