0510cao1256.11.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. CAO NO.1256 OF 2011 IN F.A.NO.395 OF 2011 Satish Laxman Banginwar VERSUS Vidarbha Irrigation Development ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ....................................................................................................................................................... CORAM : R. K.DESHPANDE, J. DATE : 05. OCTOBER, 2011. This is an application for condonation of delay caused in filing the cross objection. For the reasons stated in the application, the application is allowed. The delay caused is condoned. The application stands disposed off. CAF NO.1890 OF 2011 The petitioner has deposited an amount of Rs.91,11,886/- in the executing court. While admitting this appeal, this Court has already noted the deposit of such amount and the respondents were restrained from withdrawing the amount until further orders. Hence, this application for withdrawal of amount. The reference court has enhanced the compensation in respect of the land in question from .....2/- 0510cao1256.11.odt 2 Rs.55,000/- to Rs.19,00,000/- per hectare. This enhancement has been granted on the basis of the sale deed Exh.45 of 1995, which was @ Rs.14.00 Lacs per hectare. The notification for acquisition in question was issued on 10.2.2005. Before the reference court the objection was that the land was sold for the purposes of paper industry. The finding is recorded that no such evidence is produced on record by the petitioner herein. Shri Patil, the learned counsel appearing for the petitioner, has made submission that in respect of the acquisition of the land located in the nearby area, in the year 1981 the compensation awarded was Rs.62,000/- per hectare. He submits that accordingly the judgments are also placed on record. He further submits that there is nothing on record to show that the land in question is located adjacent to the land covered by Exh.45. He further admits that the judgment awarding compensation of Rs.62,000/- were not placed on record of the reference court. The question whether the land covered by the sale deed at Exh.45, is located adjacent to the land in question or not, has not been dealt with by the trial Court. Shri Agnihotri, the learned Counsel, submits that in the evidence of the claimant it has been stated, that the land covered by Exh.45 is located on southern side of the land in question and it is adjacent. He submits that there is no cross examination on this aspect of the matter. Keeping in view the potential value of the land, the reference court has enhanced the compensation from .....3/- 0510cao1256.11.odt 3 Rs.55,000/- to Rs.19,00,000/- per hectare on the basis of sale deed at Exh.45. No serious objection was raised to the sale deed Exh.45, in the trial Court. Be that as it may, the question is required to be gone into in this appeal. Hence, prima-faice the respondents are entitled of compensation awarded by the reference court. Shri Agnihotri, the learned Counsel appearing for the respondents, submits that the respondents shall file an undertaking before this court for withdrawal of 50% amount to the effect that if the decision goes against them, then within a period of one month they shall deposit of the difference amount with interest @ 6% per annum in this Court. So far as the balance 50% amount is concerned he submits that the same shall be withdrawn by the respondent nos.1 and 2 after furnishing the solvent security to the satisfaction of the Registrar Judicial of this Court. In view of above, the respondent nos.1 and 2 are permitted to withdraw the 50% of the amount deposited by the petitioner in the executing court, only upon furnishing an undertaking before this Court, in this case, stating that in the event if the decision goes against them, then they shall repay the difference amount along with 6% interest thereon within a period of one month from the date of withdrawal of the amount, till the date of depositing the amount. Upon furnishing of such undertaking an affidavit shall be filed in the executing court by the respondent nos.1 and 2 with a copy of it in advance to the appellants, stating stamp number and date of filing and upon filing the same, .....4/- 0510cao1256.11.odt 4 the executing court shall permit the respondent nos.1 and 2 to withdraw the 50% of the amount. So far as the balance amount is concerned, the respondent nos.1 and 2 are permitted to withdraw the said amount upon furnishing solvent security to the satisfaction of the executing court. In the event if the decision in this appeal goes against the respondent nos.1 and 2, then they shall refund the said amount @ 6% per annum. Thus, the application stands disposed of in the aforesaid terms. JUDGE BrWankhede ...../-