1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. CIVIL APPELLATE JURISDICTION. CIVIL APPELLATE JURISDICTION. CIVIL APPLICATION NO.5367 OF 2006 CIVIL APPLICATION NO.5367 OF 2006 CIVIL APPLICATION NO.5367 OF 2006 IN IN IN FIRST APPEAL NO.809 OF 2006 FIRST APPEAL NO.809 OF 2006 FIRST APPEAL NO.809 OF 2006 Tukaram Ramji Nimhan : Applicant. versus The State of Maharashtra and ors. : Respondents. ALONG WITH ALONG WITH ALONG WITH CIVIL APPLICATION NO.5368 OF 2006 CIVIL APPLICATION NO.5368 OF 2006 CIVIL APPLICATION NO.5368 OF 2006 IN IN IN FIRST APPEAL NO.810 OF 2006 FIRST APPEAL NO.810 OF 2006 FIRST APPEAL NO.810 OF 2006 Ranu Venu Nimhan deceased by L.Rs. Smt.Gangubai Ranu Nimhan & ors. : Applicants. versus The State of Maharashtra and ors. : Respondents. 2 2 2 ALONG WITH ALONG WITH ALONG WITH CIVIL APPLICATION NO.5369 OF 2006 CIVIL APPLICATION NO.5369 OF 2006 CIVIL APPLICATION NO.5369 OF 2006 IN IN IN FIRST APPEAL NO.811 OF 2006 FIRST APPEAL NO.811 OF 2006 FIRST APPEAL NO.811 OF 2006 Shri Shankar Hari Nimhan (Deceased) through L.Rs. Shri Vitthal Shankar Nimhan and anr. : Applicants. versus The State of Maharashtra and ors. : Respondents. ALONG WITH ALONG WITH ALONG WITH CIVIL APPLICATION NO.5370 OF 2006 CIVIL APPLICATION NO.5370 OF 2006 CIVIL APPLICATION NO.5370 OF 2006 IN IN IN FIRST APPEAL NO.812 OF 2006 FIRST APPEAL NO.812 OF 2006 FIRST APPEAL NO.812 OF 2006 Vrindavan No.Sahakari Griha Rachana Sanstha Maryadit Pune : Applicants. versus The State of Maharashtra and ors. : Respondents. 3 3 3 ALONG WITH ALONG WITH ALONG WITH CIVIL APPLICATION NO.5371 OF 2006 CIVIL APPLICATION NO.5371 OF 2006 CIVIL APPLICATION NO.5371 OF 2006 IN IN IN FIRST APPEAL NO.813 OF 2006 FIRST APPEAL NO.813 OF 2006 FIRST APPEAL NO.813 OF 2006 Dinkar Bhiva Nimhan and ors. : Applicants. versus The State of Maharashtra and ors. : Respondents. Mr.Girish Godbole for the applicants. Mr.S.N.Gawade, AGP, for the State/respondents. CORAM : D.G.DESHPANDE CORAM : D.G.DESHPANDE CORAM : D.G.DESHPANDE SMT.R.S.DALVI, JJ. SMT.R.S.DALVI, JJ. SMT.R.S.DALVI, JJ. DATED : DECEMBER 19, 2006. DATED : DECEMBER 19, 2006. DATED : DECEMBER 19, 2006. COMMON P.C. COMMON P.C. COMMON P.C. 1. Heard the learned advocate for the applicants/claimants and learned AGP for the State. The applicants are the land owners in these matters. They filed these applications in 4 4 4 their different appeals for permission to withdraw the amount deposited by the State Government. Learned Advocate Mr.Godbole, appearing for the claimants, states that the lands are situated at Pashan, Pune. The Special Land Acquisition Officer awarded Rs.40,000/- per hector. The reference Court awarded Rs.5,25,000/- per hector. He, therefore, prays that the applicants/claimants should be permitted to withdraw 50% of the amount deposited without security and, if they are ready to furnish bank guarantee, they may be permitted to withdraw rest of the amount. The prayer is reasonable. Therefore, We permit the applicants/claimants to withdraw 50% of the amount deposited in each case without security. If they are ready to furnish bank guarantee in respect of remaining amount in each case, the trial court will permit them to withdraw the same. The amount to be withdrawn without secured interest. All the Civil Applications are disposed off. [D.G.DESHPANDE,J] [D.G.DESHPANDE,J] [D.G.DESHPANDE,J] [SMT.R.S.DALVI, J] [SMT.R.S.DALVI, J] [SMT.R.S.DALVI, J]