1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Civil Application (CAF) No. 2882 of 2010 in First Appeal No. 1147 of 2010 V. I. D. C. through its Executive Engineer VERSUS Ashok kumar Deorao Naik and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A. B. Patil, Advocate for the applicant. Mr. P. D. Kothari, A.G.P. for the respondent no.2 and 3. CORAM : SMT. VASANTI A. NAIK AND PRASANNA B. VARALE, JJ. DATE : JULY 12, 2011. Heard Mr. A. B. Patil, the learned counsel for the applicant/appellant and Mr. P. D. Kothari, the learned Assistant Government Pleader for the respondent nos.2 and 3/non-applicant nos.2 and 3. None appears on behalf of the non-applicant no.1, though served. On hearing the learned counsel for the parties and on perusal of the judgment and award, dated 27/8/2007, it appears that the reference Court has enhanced the compensation of land to a great extent and has also granted separate compensation for the trees. The grant of separate compensation for the trees is not permissible in view of the law laid down by the Hon’ble Supreme Court in the judgment reported in A.I.R. 1996 Supreme Court 106 (State of Haryana .vs. Gurcharan Singh and another etc.). 2 Hence, the judgment and award passed by the reference Court is stayed, during the pendency of the First Appeal. The respondent no.1/non-applicant no.1 is permitted to withdraw only 25% of the amount deposited by the appellant in the reference Court, on furnishing the solvent surety/security to the satisfaction of the reference Court. The balance amount may be placed in a Fixed Deport of a nationalised bank, initially for a period of three years and the same should be renewed from time to time, during the pendency of the First Appeal. The civil application is allowed in the aforesaid terms and disposed of. JUDGE JUDGE Diwale