1 C.A. No. 627.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 627 OF 2011 in FIRST APPEAL NO. 2322 OF 2010 with CIVIL APPLICATION NO. 628 OF 2011 in FIRST APPEAL NO. 2331 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.V. GANGAPURWALA, J. DATED : 11th March, 2011 PER COURT : 1. Heard. 2. These are the Civil Applications filed for withdrawal of the amount deposited by the acquiring body. 3. Shri Patil, learned counsel for the acquiring body vehemently opposes the 2 C.A. No. 627.11 applications on the ground that the Reference Court has awarded exorbitant compensation to which the applicants were not entitled. The Special Land Acquisition Officer, after considering all the circumstances and the evidence had granted just and reasonable amount as compensation. As the applicants are not entitled for the said enhanced amount, withdrawal cannot be permitted. 3. The Award is passed in favour of the applicants, and Award is passed after evidence is adduced by the parties. It would be in nobodies interest to keep the amount idle in the Court. At the same time, the interest of the acquiring body also needs to be protected. 4. In the light of the above, I pass following order. ORDER A] Civil Applications are allowed. 3 C.A. No. 627.11 B] The applicants are allowed to withdraw 25% of the amount deposited on on furnishing an undertaking in the form of affidavit that in case the appeals are allowed and if they are directed to deposit the amount along with interest, they shall be deposit the amount within one month as directed. The applicants are also allowed to withdraw 25% of the amount on furnishing solvent security to the satisfaction of the Registrar. Remaining 50% amount shall be kept in fix deposit in any Nationalized Bank. C] Civil Applications are disposed of accordingly. ( S.V. GANGAPURWALA, J. ) SDM*