( 1 ) 32-CA-9871-2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 32 CIVIL APPLICATION NO. 9871 OF 2025 IN FA/2004/2025 Kacharu Shamrao Gawali Died Thr Lrs Dyaneshwar And Ors VERSUS The Executive Engineer, Minor Irrigation Division No1 Aurangabad And Anr. WITH CIVIL APPLICATION NO. 3274 OF 2025 IN FA/2004/2025 ... Mr. Dnyaneshwar A. Bide, Advocate for Applicant. Mr. Rahul Tambe, Advocate for Respondent No.1. Smt. Chaitali Chaudhari-Kutti, AGP for Respondent-State. CORAM : KISHORE C. SANT, J. DATE : 29th SEPTEMBER 2025. PC :- CA/9871/2025 1. Heard the learned Advocate for the parties. 2. This application is filed for withdrawal of the amount deposited by the acquiring body-appellant in the office of this Court. 3. The learned Advocate for the applicant points out that the learned Ethape ( 2 ) 32-CA-9871-2025 SLAO had granted a rate of Rs.1,050 per R and some amount towards compensation for the house, pipeline and hut. He further submits that though the land was seasonally irrigated land, it is shown to be dry land. He submits that, in fact, the land is irrigated land. He further submits that by way of award, the rate was enhanced to Rs.2,559 per R i.e. within four times the rate awarded by the learned SLAO. He submits that some amount is awarded towards trees. He thus prays for allowing the application. 4. Learned Advocate Mr. Tambe vehemently opposes the application. He submits that as on today more than Rs.17 lakhs amount is deposited in the office of this Court. He submits that towards trees compensation, huge amount is granted when there is no satisfactory proof about existence of these many trees. 5. Be that as it may, this Court finds that the total amount was Rs.11,84,730/- in all these three matters. It is only because of the acrued interest, the amount is now more than 17 lakhs. 6. This Court considered that in this view of the matter it would be in Ethape ( 3 ) 32-CA-9871-2025 the interest of justice to allow the application by looking to the interest of both the parties. Hence, the following order: ORDER (i) Civil Application stands allowed (ii) The applicants are permitted to withdraw 60% of the amount deposited in the office of this Court alongwith accrued interest on furnishing usual undertaking. (iii) Further 15% of the amount is allowed to be withdrawn on furnishing solvent surety/security to the satisfaction of learned Registrar (Judicial) of this Court. (iv) The remaining 25% amount be kept in Fixed Deposit in any nationalized bank, to be renewed from time to time till final disposal of the appeal. (v) With this, application stands disposed off. STAY APPLICATION 7. Since the entire amount of compensation is deposited in the office of this Court, there shall be stay to the impugned judgment and award Ethape ( 4 ) 32-CA-9871-2025 till disposal of the appeal. 8. With this application stands disposed off. [KISHORE C. SANT, J.] Ethape