1 C.A..No. 13300 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.13300 OF 2011 IN FIRST APPEAL NO.3549 OF 2011 Balasaheb Haribhau Joshi & ors. ..APPLICANTS VERSUS The Executive Engineer (Civil) Works Deptt. Sub Division, MSEB at Osmanabad & anr. ..RESPONDENTS Mr S.G. Chapalgaonkar for the applicants; Mr A.M. Gaikwad, Advocate for respondents no.1 & 2; Mrs V.A. Shinde, A.G.P. for respondent no.3 CORAM : A.V. POTDAR, J. DATE : 9th December, 2011 PER COURT : Heard. 2. Notice. Mr A.M. Gaikwad, learned Counsel accepts notice for respondents no.1 & 2 - acquiring body. Learned A.G.P. accepts notice for respondent no.3. 3. This application is moved by the original claimants for withdrawal of the amount deposited by respondents no.1 & 2 to this application in the sum of Rs.19,14,280/-. It is not in dispute that the land ad measuring 72 Ares of the original claimants was acquired under the provisions of the Land Acquisition Act for the construction of 33 KV Sub-Station of respondents no.1 & 2. Perusal of the record shows that the Land 2 C.A..No. 13300 of 2011 Acquisition Officer has awarded the amount at the rate of Rs.19/- per Sq. Mtr., while the Reference Court has enhanced the compensation at the rate of Rs.55/- per Sq. Mtr. This enhanced compensation is the subject- matter of the appeal. Considering the sale deeds which were considered by the Lower Court, it is desirable that out of the amount deposited by respondents no.1 & 2, i.e. appellants in appeal, the original claimants, applicants to this application are allowed to withdraw 50% of the amount deposited by respondents no.1 & 2 to this application, on furnishing the security to the satisfaction of the Registrar of this Court. 4. In substance, application is partly allowed. Applicants are allowed to withdraw 50% of the amount deposited by respondents no.1 & 2 on furnishing the security to the satisfaction of Registrar of this Court. Needless to say that the applicants to this application to furnish the undertaking to this Court that this withdrawal is subject to the final decision in the First Appeal. 5. Civil Application stands disposed of accordingly. ( A.V. POTDAR, J.) amj/ca13300.11