( 1 ) fast25551.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL ST. NO. 25551 OF 2010 The State of Maharashtra .. Appellant Versus Vithal Pralhad Jadhav & Ors. .. Respondents Shri K.S. Patil, A.G.P. for appellant/State. CORAM : R.M. BORDE, J. DATED : 22.07.2011 P.C. :- 1. This is an appeal preferred by the State raising exception to the judgment and award passed in L.A.R. No. 348 of 1991, decided on 29.11.2007, by the Jt. Civil Judge, Senior Division, Osmanabad. ( 2 ) fast25551.10 2. The agricultural land to the extent of 2 H 7 R, situated at Jawala, Tal. & Dist. Osmanabad, out of Gat No. 280 has been acquired by the State for construction of percolation tank. The Notification under Section 4 of the Land Acquisition Act has been issued on 16.09.1986. After following the procedure prescribed under the Land Acquisition Act, the Land Acquisition Officer declared the award and determined the compensation in respect of acquired land at Rs. 25,000/- per hectare. Notice under Section 12 (2) of the Land Acquisition Act to receive amount of compensation was received by the claimants on 26.02.1990. 3. The claimants being dissatisfied by the offer of compensation made by the Land Acquisition Officer tendered application to the concerned authority to refer the matter to the Civil Court for determination of the market value of the acquired land. The claimants contended that the acquired lands and land covered by sale instance placed on record are situate adjacent to each other. The adjoining land is divided in plots and is put to non-agricultural use. The plots are sold for Rs. 4000/- each. All the adjoining lands ( 3 ) fast25551.10 are used for residential purposes. A sale instance at Exh. 32 of the year 1990 has been placed on record, which is in respect of sale of plot, admeasuring 50 x 33 ft sold for consideration of Rs. 4000/-. The claimants contended that the acquired land has non-agricultural potential and as such they shall be paid compensation at the rate of Rs. 60,000/- per acre. 4. The Reference Court, however, finding that the land belonging to the claimants has not been converted to non- agricultural use and finding that it does have potential of being put to non-agricultural use, determined the compensation amount payable to the claimants. The Reference Court, considering the parameters laid down by the Apex Court in various judgment in respect of determination of compensation, directed payment of amount of compensation at the rate of Rs. 11,000/- per acre. 5. I have perused the judgment and award passed by the Reference Court and also have gone through the oral and documentary evidence, copies of which were made available by ( 4 ) fast25551.10 learned A.G.P. while arguing the appeal. I am of the view that, considering the meager amount of compensation awarded by the Reference Court, no interference is called for in the appeal. The appeal is devoid of merit and hence stands dismissed. [R.M. BORDE, J.] snk/2011/JUL11/fast25551.10