1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 6113 OF 2009 IN FIRST APPEAL NO. 1860 OF 2009 1. The State of Maharashtra Through : The S.L.A.O. (MIW) Latur. 2. The Executive Engineer, Public Works Division, Ausa Road, Latur. .. .. Applicants Versus Abdul Gani Khairula Chowdhary, Age : 61 Years, Occu. : Agril., R/o Latur now R/o Gawhan Chowk, Bidar (Karnataka State) .. .. Respondent Shri S. K. Kadam, A. G. P. for the Applicant Nos. 1 and 2. Shri K. S. Bhore, Advocate for the Respondent. CORAM : B. R. GAVAI, AND N. D. DESHPANDE, JJ. DATE : AUGUST, 2009. ORAL ORDER [Per B. R. Gavai, J. ] : 1. This is an application for stay of impugned judgment and award passed by learned Reference Court. Prima facie we are of the considered view that, since there was no permission for conversion 2 of land for non agricultural purpose, learned Reference Court was not given justified reasons in awarding compensation at the rate of residential plots. In that view of the matter, we are inclined to allow the application. The judgment and award passed by learned Reference Court is stayed subject to condition that, appellant shall deposit 30% of the enhanced compensation within a period of eight weeks from today. 2. On deposit of the said amount, the respondent/claimant would be at liberty to withdraw the 50% of the amount deposited without furnishing any surety and remaining 50% of amount on furnishing bank guarantee of any nationalized/scheduled bank on undertaking to the effect that, in the event, if it is found at the final hearing of appeal that the amount withdrawn by the appellant is excessive than the amount to which he is entitled, he shall refund the same. 3. Authenticated copy be supplied to the learned Assistant Government Pleader. [ N. D. DESHPANDE, J.] [ B. R. GAVAI, J.] bsb/August 09