1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.3955 OF 2010 IN FIRST APPEAL NO.737 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s Orders Mr.D.P.Palodkar, learned counsel for applicant. Mr.V.G.Sakolkar, learned counsel for respondents. (CORAM : NARESH H.PATIL, AND A.V.POTDAR, JJ.) DATE : 26/04/2010 1. Heard. 2. Learned counsel for the applicant submits that 3 hectres 50R land was acquired for establishment of 132 KV Sub-Station, at Chakur. Notification u/s. 4 of The Land Acquisition Act was issued on 05/05/1995. The counsel submits that the Special Land Acquisition Officer granted the rate of Rs. 14.20 per sq.ft. in the award. The amount under award was withdrawn by the claimants. The Reference Court granted Rs.100/- per 2 Sq.ft., which according to counsel for petitioner is highly excessive, for which the claimants did not lead cogent and reliable evidence. 3. Learned counsel Mr.Sakolkar submits that the potentiality of the acquired land was appreciated by the reference Court. Sale instances are produced on record. The claimants led sound evidence justifying their claim for enhanced compensation. The counsel further submits that Chakur is a fast developing township, having all modern amenities, highway passes nearby the acquired land and all these factors were taken into consideration by the Trial Court. 4. We have considered the submissions advanced. Perused the judgment. Considering the facts of the case, and the observations of the Reference Court, following order is passed. 5. In case the applicant deposit Rs.1 crore within 8 weeks from today, the execution of award stands stayed. Learned counsel 3 Shri.Sakolkar submits that the claimants be permitted to withdraw the said amount. Needless to mention that in case the applicant deposit the said amount, the claimants would be entitled to apply for withdrawal of the said amount. Civil application disposed of. (A.V.POTDAR, J.) (NARESH H.PATIL, J.) khs/APRIL 2010/ca3955-10