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CASE NO.: Appeal (civil)  840 of 2007

PETITIONER: GEN.MANAGER,M/S HUTTI GOLD MINES CO

RESPONDENT: SHIVAPPA(D) TR.HIS LRS.& ORS

DATE OF JUDGMENT: 19/02/2007

BENCH: Dr.AR.LAKSHMANAN & ALTAMAS KABIR

JUDGMENT: J U D G M E N T

(Arising out of SLP(C) NO.2471 OF 2007)

Dr.AR.LAKSHMANAN, J.         Heard Mr.Gopal Subramaniam, learned ASG appearing on behalf of the  appellant and Mr.Dhruv Mehta, learned counsel appearing on behalf of the  respondent-claimants.           Leave granted.         This appeal is directed against the order passed by the High Court of  Karnataka in M.F.A.No.3707/2006 and other connected matters.  The High Court of  Karnataka by order dt.11.01.2007 while admitting the appeals has passed the  following interim order :-         " This Court doth Order that pending admission of the above appeal  the operation and execution of the impugned award in LAC Nos.  1,2,31.3,4,32,5,6,7,33,34,8,35,37,9,10 of 2001 dated 19.12.2006 and LAC  Nos.22,23,13,24,17,26,18,27,19,14,28,20,29,15m 30 of 2001 dated  03.01.2006 on the file of the Addl.Civil Judge (Sr.Dn.) Raichur is hereby  stayed subject to the appellant depositing 50% of the enhanced  amounts along with the proportionate amounts towards solatium,  additional market value and the interest thereon within four weeks from  today i.e. 11.01.2007 with the reference Court.  On such deposit being  made, it is open to the claimants to draw the same."                  Aggrieved against the direction to deposit 50% of the enhanced amount  along with the proportionate amounts towards solatium, additional market value  and the interest thereon, the appellant through its General Manager preferred the  above Civil Appeal arising out of SLP(C) No.2471/2007.           We have perused the grounds of appeal and also heard the arguments  advanced by learned ASG for the appellant and learned counsel for the  respondents.  Since the appeal is pending before the High Court, we are not  expressing any opinion on the merits of the rival claims.  However, in our opinion,  the order of the High Court ordering deposit of 50% of the enhanced amount  with  liberty to withdraw needs modification.  We, therefore, direct the appellant herein  to deposit 50% of the enhanced amount along with the proportionate amounts  towards solatium, additional market value and the interest thereon within four  weeks from today with the Reference Court.  On such deposit, all the claimants are  entitled to withdraw 25% of the enhanced amount without furnishing any security.  The Reference Court shall open a separate account in respect of all the claimants  and keep 25% of the remaining amount in fixed deposit in a nationalised bank and  await further orders from the High Court in the pending appeal.  Since the  acquisition proceedings started in the year 1995 and the matter is pending in one  forum or the other we request the High Court to dispose of the appeals filed by the  appellant herein and also the appeals filed by the respondents herein/claimants  within six months from today on merits and in accordance with law.  We request  the Hon’ble Chief Justice of the Karnataka High Court to place all the matters  before  a Division Bench of the said court for disposal of the same within the time  stipulated in this Order.            The appeal stands disposed of accordingly.

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       No costs.