SPECIAL LAND ACQUISITION OFFICER Vs. ARABINDA NANDA

JUDGEMENT

(1.) THIS is an application filed by the respondent -owner to permit him to withdraw 50% of decretal amount which has been deposited amounting to Rs. 16,67,703/ - without furnishing any security.

(2.) MR . Sangram Das, learned Addl. Standing Counsel appearing for the appellant -State has, however, strongly resisted such prayer on the ground that such deposit is made only by way of security by the State Government and not in discharge of the decree. In support of his contention, he has relied upon the judgment of the apex Court reported in AIR 2001 Supreme Court 1975 (Superintendent of Central Excise and Ors. v. Somabhai Ranchhodhbhai Patel). Paragraphs 2 and 17 of which are quoted below :