Civil Appln. No. 10665/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Civil Application No. 10665 of 2011 In First Appeal No. 160 Of 2011 Narharrao @ Narhari s/o. Govindrao Bhoomkar, R/o. Latur, Tq. & Dist. Latur. ..... Applicant. Vs. 1. Vice Chancellor, Marathwada Agricultural University, Parbhani, Tq. & Dist. Parbhani. 2. The State of Maharashtra Through Collector, Dist. Latur. ....Respondents. Mr. S.S. Manale, Advocate for applicant. Shri. Manish N. Navandar, Advocate for respondent No.1. Shri. K.G. Patil, A. G. P. for respondent No.2. CORAM : NARESH H. PATIL & T. V. NALAWADE, JJ. DATED : 23rd September, 2011. PER COURT : 1) Heard. 2) Pursuant to orders dated 20th September 2010 and 5th May 2011 the appellant - University has deposited 50% of the amount granted under Award with the Registry of this Court. Civil Appln. No. 10665/11 2 3) The learned counsel for the applicant submits that the applicant has produced cogent and reliable evidence to claim amount of compensation. Section 4 Notification was published on 9-1-1989. Award was passed by the Special Land Acquisition Officer on 27-4-1993. The Special Land Acquisition Officer has granted compensation at the rate of Rs.600/- per R whereas the Reference Court has awarded compensation at the rate of Rs.24/- per square feet in LAR Nos. 228 and 232 of 1994 (First Appeal Nos. 198, 197 of 2011) and LAR No.233 of 1994 (First Appeal No. 160 of 2011). 4) Learned counsel Shri. Navandar has placed reliance on the following judgments. (1) Special Land Acquisition Officer, Karnataka Housing Board v. P.M. Mallapa, 1997(4) SCC 429. (2) R.P. Singh v. Union of India, 2005(7) SCC 24. (3) State of Maharashtra v. Digamber Tandale, 1996(2) SCC 583. (4) Kanwar Singh v. Union of India, 1998(8) SCC 136. (5) Hookey's Singh v. Special Land Acquisition Officer, Moradabad, 1996(3) SCC 766. (6) Basant Kumar v. Union of India, 1996(11) SCC 542. Civil Appln. No. 10665/11 3 5) Shri. Navandar, learned counsel, submits that while considering the civil applications provisions of the Land Acquisition Act need to be considered. It was further submitted that the sale instances are referable to small portions of land whereas, large track of land was acquired in the present case. The counsel submits that in case the amount is allowed to be withdrawn by the applicant, the same be allowed by furnishing bank guarantee. 6) We have perused the record, judgments cited above and considered the submissions advanced. 7) This Court had granted stay to the execution of the award on original appellant's depositing 50% of the amount awarded by the Reference Court. Considering he submissions advanced, we pass following order. 8) The applicant is allowed to withdraw amount deposited with the registry of this Court on following conditions : (A) The applicant is allowed to withdraw 50% of the amount deposited without furnishing surety. (B) Remaining 50% of the amount is allowed to be Civil Appln. No. 10665/11 4 withdrawn on furnishing bank guarantee of any Nationalized or scheduled Bank to the satisfaction of the Registrar (Judicial) of this Court. (C) The Bank Guarantee shall be kept in operation till final disposal of the appeals. (D) The applicant shall furnish undertaking with the Registry of this Court that in case the appeals are allowed the applicant would return the amount withdrawn. The Registry of this Court shall not disburse the amount without applicant furnishing undertaking to this Court. 9) The Civil Application is disposed of. [ T. V. NALAWADE, J.] [ NARESH H. PATIL, J.] ssc/