.abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 401 OF 2006 WITH CIVIL APPLICATION NO. 4492 OF 2008 IN FIRST APPEAL NO. 1044 OF 2006 ------------------------------------------------------------------------ Office Notes, Office Memoranda of : coram, appearances, Court’s Orders: Court’s or Judge’s orders or directions and Registrar Orders: ------------------------------------------------------------------------ Mr.R.N. Gite for the applicants. Mr.S.N. Gawde, A.G.P. for respondent no.1. Mr.K.B. Sonwalkar for respondent no.2. CORAM : D.G. KARNIK, J. DATE : 21ST NOVEMBER 2008 P.C. P.C. P.C. : 1. Heard. 2. Civil Application No.401 of 2006 is made by the State for stay of the execution of the award passed by the court in a reference made to it under section 18 of the Land Acquisition Act. Civil Application No.4492 of 2008 has been filed by the applicant for permission to withdraw the amount deposited in the - 2 - reference court. Hence, both the civil applications are heard together. 3. Learned A.G.P. for the State submits that the award prima facie is erroneous. The award has been passed relying upon a sale instance of a very small piece of land admeasuring 6 ares whereas the acquired land was 4 hectares. 4. The appeal has been admitted and requires consideration. In the facts and circumstances of the present case and in particular in view of the submission of the learned A.P.P. that the reference court has decided the compensation relying upon the sale instance of a very small piece of land, I am inclined to grant partial stay for execution of the award and/or withdrawal of the amount deposited in the Court. Hence, I pass the following order:- (a) The applicant is permitted to withdraw 25% of the amount deposited in the reference court by the acquiring body by furnishing security to the satisfaction of the reference court. - 3 - (b) The balance amount deposited by the acquiring body shall be invested in a nationalised bank of the choice of the acquiring body if such choice is indicated within one week or else in State Bank of India, Nashik Branch for a period of 13 months or such other period which would fetch good interest. The amount with interest shall be so kept deposited till the disposal of the appeal. (c) Both the civil applications are disposed of. (D.G. KARNIK, J.)