UNION OF INDIA Vs. RATTAN SINGH

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel on both sides.

(3.) By order dated December 4, 1995. this Court had issued notice and directed interim stay of the execution of the awards, subject to the condition that the appellant would pay 50% of the enhanced compensation. We are informed by Shri Goswami, learned senior counsel for the appellant, that the order has been complied with. On the other hand, it is contended for the respondents that the deposit 50 % of the amount was not in terms of the decree of the reference Court. Be it as it may, the appellant is directed to deposit 50% of the enhanced compensation as awarded under Section 26 of the Land Acquisition Act, 1894 in the decree and award which is the subject matter of the present appeals. The respondents are at liberty to withdraw the same without furnishing any security. The withdrawal of 50% of the amount will be subject to the result in the appeal. In case the appeals are allowed, to that extent the respondents shall restitute the amounts withdrawn.