2008 INSC 0214
                                    SUPREME COURT OF INDIA

                                  U.P.Avas Evam Vikas Parishad.U.P

                                                      Vs.

                                             Durga Das & Ors.

                                            C.A.No.762 of 2008

                                  (Altamas Kabir and J.M.Panchal,JJ.)

                                                 25.01.2008

                                                   ORDER

[Arising out of SLP(C) No.21022 of 2006]

1. Having regard to the facts of the case, while considering the application for condonation of
the delay in making the deposit in terms of the order dated 04.01.2007 and upon hearing
counsel for the parties, we decided to dispose of the Special Leave Petition finally at this
stage itself. Delay in making depositing 50% of the enhanced amount condoned. Leave
granted.

2. This appeal was filed against the order passed by the High Court refusing to grant interim
order on the prayer made on behalf of the appellant herein to stay the order passed by the
Reference court.

3. While issuing notice in the special leave petition on 04/01/2007, this Court had directed
stay of operation of the order passed by the Reference Court under Section 18 of the Land
Acquisition Act, 1894 on condition that the petitioner would deposit 50% of the amount of
the enhanced compensation within four weeks in the High Court. The claimants were also
made entitled to withdraw 50% of the enhanced compensation, as was ordered to be
deposited, without furnishing any security. Learned counsel appearing for the appellant
submits that since there was a delay in tendering the deposit, the High Court has refused to
accept the same. It is, however, submitted on behalf of the appellant that the amount as
directed has been deposited in the Registry of the High Court though the High Court has
refused to accept such deposit.

4. We direct the High Court to accept such deposit and to proceed accordingly. The stay
granted on 4/01/2007 will continue till the disposal of the appeal before the High Court. The
appeal is accordingly disposed of. There will be no order as to costs.

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