1 CA No.11698 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Civil Application No.6855 of 2011 In First Appeal No.1831 of 2011 Bhimabai Baburao Sirsate And Others. ... Applicants. Versus The Deputy Inspector General of Border Security Force, Indore And Others. ... Respondents. -------- With Civil Application No.6842 of 2011 In First Appeal No.1838 of 2011 Subhadrabai w/o Murhari Mogale And Another. ... Applicants. Versus The Deputy Inspector General of Border Security Force, Indore And Others. ... Respondents. -------- With Civil Application No.6843 of 2011 In First Appeal No.1834 of 2011 Tatyrao s/o Hariba Sirsate. ... Applicant. Versus 2 CA No.11698 of 2011 The Deputy Inspector General of Border Security Force, Indore And Others. ... Respondents. -------- With Civil Application No.6844 of 2011 In First Appeal No.1836 of 2011 Devidas s/o Shyamrao Atkhile. ... Applicant. Versus The Deputy Inspector General of Border Security Force, Indore And Others. ... Respondents. -------- With Civil Application No.6845 of 2011 In First Appeal No.1835 of 2011 Dnyanoba s/o Yadav Karade. ... Applicant. Versus The Deputy Inspector General of Border Security Force, Indore And Others. ... Respondents. -------- With Civil Application No.6846 of 2011 In First Appeal No.1837 of 2011 3 CA No.11698 of 2011 Tatyrao s/o Yadav Karade. ... Applicant. Versus The Deputy Inspector General of Border Security Force, Indore And Others. ... Respondents. -------- With Civil Application No.6847 of 2011 In First Appeal No.1833 of 2011 Tukaram s/o Namdeo Kamble. ... Applicant. Versus The Deputy Inspector General of Border Security Force, Indore And Others. ... Respondents. -------- With Civil Application No.6856 of 2011 In First Appeal No.1832 of 2011 Gopinath s/o Hariba Sirsate. ... Applicant. Versus The Deputy Inspector General of Border Security Force, Indore And Others. ... Respondents. -------- With 4 CA No.11698 of 2011 Civil Application No.10955 of 2011 In First Appeal Stamp No.22701 of 2009 Shri Satya Sai Gajanan Pratisthan. ... Applicant. Versus The Deputy Inspector General of Border Security Force, Indore And Others. ... Respondents. -------- Shri. Satish S Manale, Advocate for the applicants. Shri. N.S. Chaudhari, Advocate, for respondent No.1. Shri. V.B. Ghatge, Assistant Government Pleader, for respondent Nos.2 and 3. -------- CORAM: NARESH H PATIL & T.V. NALAWADE, JJ. DATE 25th NOVEMBER 2011 PER COURT : 1) Heard. 2) The applicants/claimants pray for withdrawal of the amount granted as compensation by the Reference Court in respect of their lands acquired by the respondents. The learned counsel appearing for the applicants submit that the applicants have led evidence in respect of sale instances, potentiality and market value of the subject lands. The claimants placed reliance on the 5 CA No.11698 of 2011 sale deeds executed on 22nd March, 2006 and 19th July, 1999 (Exhibit 20 and 22). They also placed reliance on sale deed executed on 11th August, 2005. It is submitted that the notification under Section 4 of the Land Acquisition Act was issued on 14th June, 2006 and possession of the subject lands was taken on 26th April, 2006. The award was passed on 18th November, 2006 by the Special Land Acquisition Officer. 3) According to learned counsel for the applicants, the Special Land Acquisition Officer granted compensation of Rs.45,200/- per acre for dry lands and Rs. 90,600/- for irrigated lands. The Reference Court enhanced the compensation to the tune of Rs. 1,00,000/- per acre for dry lands and Rs.1,40,000/- per acre for irrigated lands. 4) Learned counsel Shri. Nitin Chaudhari for the respondents submits that the Reference Court enhanced the compensation double than what Special Land Acquisition Officer had granted to the claimants. In case the Appeals filed by the respondents are allowed, then there is no guarantee that the respondents would be in a 6 CA No.11698 of 2011 position to recover the amount. Learned counsel Shri. Choudhari submits that consequent to the order passed by this Court, entire amount of compensation under the award, is deposited by the respondents in the trial Court. 5) Learned counsel Shri. Manale submits that arising out of the same Notification, this Court has considered applications for withdrawal of amount and passed order dated 26th August 2011. A copy of the same is placed on record. We have perused the same. 6) Learned counsel Shri. Choudhari submits that the conditions mentioned in the said order be also made part of the order in the present applications. 7) We have considered the material placed before us and the submissions advanced. In the facts of the case and considering the material placed before us, we pass following Order: (A) The applicants are permitted to withdraw 50% amount out of the amount awarded by the trial Court without furnishing any security. 7 CA No.11698 of 2011 (B) The applicants are permitted to withdraw 25% of the remaining amount by furnishing bank guarantee of any Nationalized Bank/Scheduled Bank. (C) The remaining amount of 25% shall be deposited in any Nationalized Bank in fixed deposit scheme, initially for a period of three years, with a renewal clause. (D) The applicants shall file undertaking with the Registry of this Court that they would refund the amount as directed by this Court, in case the Appeals filed by the respondents are allowed, finally. (E) The applications are allowed to the above extent and disposed of. Sd/- Sd/- (T.V. NALAWADE, J.) (NARESH H PATIL, J.) rsl