1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Civil Application No.10980 Of 2010 In First Appeal No.2174 Of 2009 Ashok s/o Gurunath Patil. .. Applicant. Versus Godavari Marathwada Irrigation Development Corporation Through the Executive Engineer, Latur Medium Project Latur & Others. .. Respondents. ­­­­­­­­ Shri. Milind Patil Advocate for applicant. Shri. S.G. Sangle, for respondent Nos.1 and 2. Shri. V.H. Dighe, Assistant Government Pleader, for respondent Nos.3 and 4. ­­­­­­­­ CORAM: NARESH H PATIL & K.K. TATED, JJ. DATE: 11th AUGUST 2010 2 PER COURT : 1) Heard. 2) The learned counsel Shri. Milind Patil appearing for the applicant submits that notification under section 4 of the Act was issued on 25­12­1998 for public purpose of rehabilitation of the project affected persons. Five hectares of land of the applicant has been acquired. The counsel states that the land had very good potentiality. State Highway passes adjacent to the land. Two sale instances, one of the year 1996 of a plot admeasuring 58 ft. x 17 ft. purchased for Rs.40,000/­ and another of the year 1997 of a plot admeasuring 20 ft. x 20 ft. for Rs.1000/­were produced in support of the evidence of the claimant. Apart from 3 that, the surrounding location was also brought to the notice of the Court by the learned counsel for the applicant in support of his submission that the land had very good potentiality and the Reference Court ought to have granted more compensation. 3) The learned counsel Shri. S.G. Sangle submitted that the sale instances do not inspire confidence in granting rate of Rs. 15/­ per square feet to the claimant. The Reference Court had granted exorbitant rate. Considering the location of the land and the potentiality the impugned award is required to be stayed by this Court. 4) We have considered the submissions advanced. We have perused the relevant paragraphs of the judgment. The Reference Court has considered the evidence placed on 4 record. It is observed by the Reference Court that the sale instances were executed as per prevailing market rate and the portion of the land is surrounded by houses. It is gathered from the discussion that Nilanga–Hyderabad State Highway passes adjacent to the subject land. After considering the evidence and the judgments cited, the Reference Court has determined amount of compensation. While considering and calculating the amount of compensation the Reference Court had deducted 30% area for the purpose of betterment and development. 5) Considering the submissions advanced, the evidence led by the parties, and the observations of the Reference Court, we pass following order. 5 A) The applicant is entitled to withdraw 25% of the amount deposited in this Court by the acquiring body without surety. B) 50% of the amount, excluding the 25% of the amount as stated above, is permitted to be withdrawn by the applicant on furnishing solvent suety to the satisfaction of the Registrar (Judicial) of this Court. C) The Registry is directed to invest rest of the amount in fixed deposit scheme in any Nationalized bank for a period of three years with renewable clause. 6) The civil application is disposed of. Sd/­ Sd/­ (K.K. TATED, J.) (NARESH H PATIL, J.) rsl/ ca.10980.10