( 1 ) FARAD CONTINUATION SHEET NO. IN THE COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR. C. A. NO.3915/2008 IN FIRST APPEAL NO.808/2007 State of Maharashtra and 1 another. -vs- Motiram Sampat Kale. Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. CORAM : VASANTI A. NAIK, J. DATE : 17/06/2008 Heard Shri Dhote, A. G. P. for the State and Shri Laddhad, the learned counsel for the applicant. By this civil application, the applicant seeks permission to withdraw the amount of compensation deposited by the appellant State in this court. It appears that this court had by an order dated 4th October, 2007 directed the appellant State to deposit only 40% of amount payable in terms of award of reference court within a period of six weeks from the date of the order. Time was again enlarged for depositing 40% of compensation and the compensation was ( 2 ) deposited by the appellant within the enlarged time. It however appears that the State of Maharashtra, instead of depositing only 40% of the compensation payable under the award, has deposited the entire compensation payable there under. The amount deposited by the appellant in this court is Rs.91,485/-. It appears from the judgment passed by the Reference Court that the Reference Court enhanced the compensation payable for the land and granted it at the rate of Rs.35,000/- per hectare. The total compensation payable for the land as per the award of the Reference Court was Rs.14,350/-. Against the settled principles of law the Reference Court erroneously granted compensation for the trees to the extent of Rs.17,000/-. In view of this illegality committed by the Reference Court, this court had directed the appellant to deposit 40% of the compensation in this court, as the amount of compensation payable for the trees was much more than the compensation, which was receivable by the claimant for the land in terms of the award passed by the Reference Court. ( 3 ) In this view of the matter, though the appellant State has deposited the entire amount payable in terms of the award in this court, the respondent would not be entitled to withdraw the entire amount deposited by the appellant. The applicant/respondent would be entitled to withdraw only an amount of Rs.40,000/- from the amount of Rs.91,485/- deposited by the appellant in this court on furnishing solvent surety/ security to the satisfaction of the Additional Registrar (Judicial). The balance amount deposited by the appellant in this court should be placed in a fixed deposit account in a nationalised bank initially for a period of 3 years and the same should be renewed thereafter from time to time during the pendency of the first appeal. The civil application is allowed in the aforesaid terms and disposed of. JUDGE gsk