1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.10579 OF 2009 IN FIRST APPEAL NO.3962 OF 2008 Munjaji s/o Amrutrao Jogdand Applicant Versus Godavari Marathwada Irrigation Development Corporation, through its Executive Engineer, Minor Irrigation Division, Parbhani & others Respondents Mr.S.B.Ghatol Patil, advocate for the applicant. Mr.S.G.Sangle, advocate for Respondents No.1 & 2. Mr.D.R.Kale, A.G.P. For Respondents No.3 & 4. CORAM: R.M.BORDE, J. DATE : 20 th November, 2009. P.C.: 1 Heard Shri S.B. Ghatol Patil, learned counsel for the applicant, Shri S.G. Sangle, learned counsel appearing for Respondent no.1 and Mr.D.R.Kale, learned Assistant Government pleader for Respondents No.3 & 4. 2 This is an application seeking withdrawal of amount of enhanced compensation deposited by the acquiring body i.e respondent No.1 in this Court while admitting the appeal. It is stated that Special Land Acquisition Officer has determined the amount of compensation payable to the claimant between Rs. 30,000/- to Rs.37,000/- per hectare, whereas, enhancement awarded by the 2 reference Court is to the extent of Rs.24,000/- per hectare. The rate awarded by the reference court is to the extent of Rs.60,000/- per hectare. Considering the meager enhancement that has been awarded by the reference court, I am of the opinion that applicant/original claimant is entitled to withdraw the amount deposited in this Court by acquiring body towards enhancement of compensation amount. Considering this, following order is passed. (i) The applicant be permitted to withdraw the amount to the extent of 75 percent, out of total amount deposited by the acquiring body on furnishing solvent surety for the like amount. (ii) Balance 25 percent of the amount shall be invested in fixed deposit, initially for a period of three years. Fixed deposit receipt shall be renewed, there after every year. (iii) Civil application stands disposed of. (R.M.BORDE) JUDGE ******* adb/ca1057909