FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS CA/11034/2010 MIYALAL V/S DIV.OFFICER, CA/11036/2010 & CA/18353/2010 ... 1. These are the applications filed for withdrawal of the amount deposited by the non-applicant No. 1 pursuant to the order passed by this Court. 2. The Land Acquisition Reference filed by the present applicants came to be allowed and the compensation came to be enhanced. 3. The present non-applicant No. 1 is challenging the said Award. The said Appeals challenging the Award have been admitted by this Court and the amount has been deposited as per the orders passed by this Court. 4. Shri A.B.Kale, the learned counsel for the applicants submits that the Reference Court has considered almost 35 sale instances while comparing market value. The Special Land Acquisition Officer had awarded compensation in the range of Rs. 40,000/- to Rs. 50,000/- per Hector and the Reference Court has enhanced compensation in the range of Rs. 1,05,000/- to Rs.1,20,000/-per Hector, considering numerous sale instances produced before the Reference Court. 5. The lands of the applicants, who are agriculturists, have been acquired. Their source of livelihood itself is lost. FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS (2) CA/11034/2010 6. The amount lying in the Court will not serve any purpose. In the light of the same, the applicants can be allowed to withdraw the amount furnishing the security. In the result, I pass the following Order. (I) The applicants are entitled to withdraw the 50% amount deposited on furnishing an undertaking on affidavit stating that in the event the appeals are allowed, then they would deposit the amount in the Court within the period of eight weeks from the date of the Judgment of this Court. (II) Remaining 50% of the amount is allowed to be withdrawn on furnishing a bank guarantee of any Scheduled Bank. (III) The present Civil Applications are accordingly disposed off. Dt.11.3.2011 (S.V.GANGAPURWALA, J.) akl