1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.3308 OF 2011 IN FIRST APPEAL ST.NO.33982 OF 2010 Onkar Khandu Sonawane ..Applicant (Orig.Claimant) Versus The Executive Engineer, Churchgate, The Dy.Chief Engineer (Construction), Western Railway, Jalgaon Diustrict Jalgaon and anr. ..Respondents Mr G.S.Rane, Advocate for appalicant Mr M.N.Navandar, Advocate for respondent No.1 CORAM : MRS MRIDULA BHATKAR, J. DATE : 28th September, 2011 PER COURT . 1. Civil Application is moved for vacating the ad interim relief granted by this Court on 19.11.2010 and which was corrected by order dated 15.12.2010 in Civil Application No.15860 of 2010. 2. Learned Counsel for the applicant submits that acquiring authority has failed to deposit the amount, which is payable to the applicants which comes to Rs.14,30,200/-. He submits that even the amount of solatium at the rate of 30% is not paid by the acquiring authority. Learned Counsel submits that the acquiring body has not calculated the interest as per the provisions of Section 34 and 28 of the Act. For the purpose of calculation, he relies on Sunder V.Union of India, reported in AIR 2001 SUPREME COURT 3516 (1). 2 3. Learned Counsel for the acquiring authority submits that acquiring body has deposited the amount as mentioned in its reply. He points out that at page 11 of the civil application, proper chart is shown under which details of the entitlement of the applicant to receive the amount of compensation and figures of amount of compensation with break up are mentioned. Learned Counsel submits that till today applicants have deposited amount of compensation Rs.9,66,553/- by cheque on 10.1.2010 in this Court. 4. Learned Counsel further submits that the applicants while arriving at the figure of Rs.14,30,200/- did not exclude the amount, which was received by them, which was deposited by acquiring authority on the basis of first award passed by the Special Land Acquisition Officer. 5. It appears that there is a dispute in respect of the calculations. Appeal is pending. Hence, the stay cannot be vacated till hearing of the appeal. So, the application is rejected. However, the parties may go before the executing Court and executing Court, though there is a stay for execution, to calculate the exact amount of the compensation after hearing both the sides. Application disposed of. ( MRS MRIDULA BHATKAR, J. ) (vvr/3308.11ca)