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CASE NO.: Appeal (civil)  762 of 2008

PETITIONER: U.P.AVAS EVAM VIKAS PARISHAD.U.P

RESPONDENT: DURGA DAS & ORS

DATE OF JUDGMENT: 25/01/2008

BENCH: ALTAMAS KABIR & J.M. PANCHAL

JUDGMENT: JUDGMENT O R D E R

                           CIVIL APPEAL NO. 762      OF 2008                         [Arising out of SLP(C) No.21022 of 2006]

       Having regard to the facts of the case, while considering the application for condon ation of  the delay in making the deposit in terms of the order dated 04.01.2007 and upon hearing coun sel for  the parties, we decided to dispose of the Special Leave Petition finally at this stage itsel f.         Delay in making depositing 50% of the enhanced amount condoned.         Leave granted.         This appeal was filed against the order passed by the High Court refusing to grant i nterim  order on the prayer made on behalf of the appellant herein to stay  the order passed by the  Reference court.         While issuing notice in the special leave petition on 04/01/2007, this Court had dir ected stay  of operation of the order passed by the Reference Court under Section 18 of the Land  Acquis ition  Act, 1894  on  

                                               -2- 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 h as been  deposited in the Registry of the High Court though the High Court has refused to accept such   deposit.         We direct the High Court to accept such deposit  and to proceed accordingly.  The st ay  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.