0102caf247.11.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR C.A.F.NO.247 OF 2011 IN F.A.NO.361 OF 2009. Vidarbha Irrigation Development Corpn. And ors. ..vs.. Harikisan Jitmal Gandhi and ors. ............................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................................................................................................................... Mr.V.B.Palshikar Adv. for the appellant. Mr.Kadu, AGP for resp.no.7 to 9. CORAM : R.M.SAVANT, J. DATED : 1st February, 2011. By the above civil application, the applicants/claimants seek to withdraw the decretal amount which is deposited in this court by the appellant which is the Acquiring Body. The said amount is in the sum of Rs.11,43,333/-. The learned counsel for the appellant/ acquiring Body draws my attention to the judgment and order passed in First Appeal No.1126 of 2007, dated 25th of February, 2008 and the Judgment and order in First Appeal No.159 of 2007, dated 12th of April, 2007, by which judgments this court had fixed the compensation for the land covered by the same notification at the rate of Rs.60,000/- per hectare. In the light of the Judgments (supra), it is not possible to accede to the request of the applicants/claimants to withdraw the above decretal amount. Their application, therefore, at this stage would have to be restricted to the amount they would be entitled to in terms of the judgments 0102caf247.11.odt 2 (supra). The learned counsel for the appellant/acquiring Body has tendered the calculations which have been arrived at on the basis of the said two judgments supra. The learned counsel for the applicants/claimants does not dispute the said calculations. In terms of the said calculations, the applicants/claimants are entitled to only Rs.92,220/-. The application is, therefore, allowed to the extent of the applicants/claimants being entitled to the withdrawal of the said sum of Rs.95,220/-. The balance of the decretal amount would be invested by the learned Registrar of this court in a fixed deposit of a Nationalized bank; initially for a period of two years and thereafter same to be renewed from time to time as the learned Registrar may deem it fit. The civil application is accordingly disposed of. JUDGE chute