(Per : HONOURABLE MR.JUSTICE C.L. SONI)
1. RULE.
Learned Assistant Government Pleader Mr. Dave waives service of rule for the respondents.
2. This application is preferred seeking withdrawal of 50% of the amount of compensation deposited by the acquiring body without furnishing solvent security by the claimants and for remaining amount of compensation, order for deposit in Fixed Deposit is prayed for.
3. We have heard learned advocate for the applicants as also learned Assistant Government Pleader Mr. Dave for the respondents.
4. Our attention is drawn to the order dated 30.9.2011 passed in Civil Application No.7664 of 2011 in First Appeal No.1884 of 2009, whereby, in similar fact situation, Division Bench of this Court has passed order permitting the concerned applicants- original claimants to withdraw 50% of the amount deposited by the respondents and for investment of the remaining 50% amount.
5. Accordingly, we allow the present applicants-original claimants to withdraw 50% of the amount deposited by the respondents and remaining 50% of the amount is ordered to be invested in a cumulative Fixed Deposit in a nationalized bank, initially for a period of three years and such investment shall be renewed from time to time until the appeal is finally heard and decided. Fixed Deposit Receipts shall remain with the Nazir of the Reference Court.
6. The application is disposed of accordingly., Rule is made absolute to the above extent.
(AKIL KURESHI, J.) (C.L.
SONI, J.) omkar Top