FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION No.9355 OF 2010 IN FIRST APPEAL (ST) NO. 813 OF 2010 WITH CIVIL APPLICATION No. 9350 OF 2010 IN FIRST APPEAL No. 822 OF 2010 WITH CIVIL APPLICATION No. 9351 of 2010 IN FIRST APPEAL No. 823 OF 2010 WITH CIVIL APPLICATION No. 9352 of 2010 IN FIRST APPEAL No. 824 OF 2010 WITH CIVIL APPLICATION No. 9354 of 2010 IN FIRST APPEAL No. 821 OF 2010 WITH CIVIL APPLICATION No. 9356 of 2010 IN FIRST APPEAL No. 820 OF 2010 WITH CIVIL APPLICATION No. 9357 of 2010 IN FIRST APPEAL No. 814 OF 2010 WITH CIVIL APPLICATION No. 9375 of 2010 IN FIRST APPEAL No. 826 OF 2010 WITH CIVIL APPLICATION No. 9376 of 2010 IN FIRST APPEAL No. 1644 OF 2010 WITH CIVIL APPLICATION No. 9377 of 2010 IN FIRST APPEAL No. 1643 OF 2010 WITH CIVIL APPLICATION No. 9550 of 2010 IN FIRST APPEAL No. 827 OF 2010 WITH CIVIL APPLICATION No. 10726 of 2010 IN FIRST APPEAL No. 825 OF 2010 WITH CIVIL APPLICATION No. 10761 of 2010 IN FIRST APPEAL (ST) No. 21071 OF 2010 WITH CIVIL APPLICATION No. 10762 of 2010 IN FIRST APPEAL No. 819 OF 2010 WITH CIVIL APPLICATION No. 10771 of 2010 IN FIRST APPEAL (ST) No. 21005 OF 2010 WITH CIVIL APPLICATION No. 10772 of 2010 IN FIRST APPEAL (ST) No. 21019 OF 2010 WITH CIVIL APPLICATION (ST) No. 18389 OF 2010 IN FIRST APPEAL (ST) No. 21050 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mr. K.S. Bhore, Advocate for applicant Mrs. R.K. Ladda, A.G.P. for respondent /State Mr. B.R. Surwase, advocate for respondent No. 2 ............................. CORAM : S.V. GANGAPURWALA, J. DATE : 8th October, 2010 PER COURT : 1. These are the Civil Applications filed by the original claimants for withdrawal of the amount. The Reference filed by the original claimants under Section 18 of the Land Acquisition Act came to be allowed. The acquiring body has challenged the said Reference Award, passed by the Reference Court in this Court. While admitting the appeal and granting stay, this Court directed the appellant to deposit 75% of the amount awarded. Pursuant to the said orders, the acquiring body deposited the 75% of the amount, as awarded by the Reference Court. Heard Shri Bhore, learned Counsel for the applicant / claimants, Smt. R.K. Ladda, learned A.G.P. for State and Shri Surwase, learned Counsel for the acquiring body. Shri Surwase, submits that the Reference Court has granted an exorbitant amount, the Acquisition Officer had granted compensation at the rate of Rs. 575/- per R and the Reference Court enhanced the said amount by four times. According to him the Total amount cannot be allowed to be withdrawn. 2. It is not disputed that the lands of the present applicants have been acquired and their source of livelihood is taken away. The amount deposited by the appellants / non applicants is 75% of the amount awarded. The interest of justice would be sub-served, if the applicants are allowed to withdraw 50% of the amount deposited, on furnishing undertaking and the remaining 50% of the amount can be allowed to withdraw on furnishing solvent surety in the like amount. 3. In the result, I pass the following order ORDER The applicants are allowed to withdraw 50% amount deposited by non applicant, on furnishing undertaking in the form of affidavit, stating that if the appeals are allowed, and the applicants are required to deposit the amount, they shall deposit within a period of one month along with interest that would be awarded by the Court, remaining 50% of the amount deposited is allowed to be withdrawn by the claimants on furnishing solvent surety for the like amount to the satisfaction of the Reference Court. The applications are accordingly disposed of. [ S.V. GANGAPURWALA ] JUDGE SDM 9355.10 CA