V RAMAKRISHNA RAO Vs. SINGARENI COLLIERIES COMPANY

JUDGEMENT

(1.) The only question which arises for consideration in this appeal filed against the judgment of the Division Bench of Andhra Pradesh High Court is whether the application filed by the appellant under Section 28A(3) of the Land Acquisition Act, 1894 (for short, the Act) for making a reference to the Court was maintainable and the High Court committed an error by quashing the proceedings of O.P. No. 31 of 2000 pending in the Court of Senior Civil Judge, Peddapalli (hereinafter referred to as the Reference Court).

(2.) The land of the appellant (20 acres 11 guntas) was acquired by the State Government in 1985 as a part of acquisition of large tract of land for mining operations to be undertaken by respondent No. 1 - Singareni Collieries Company Pvt. Ltd. By an award dated 3.8.1987, the Land Acquisition Officer fixed market value of the acquired land at Rs. 7,000/- per acre for dry land under cultivation (category I) and Rs. 6,000/- per acre for dry land which was kept fallow (category II).

(3.) On a reference made to it under Section 18 of the Act, the Reference Court, after considering the evidence produced by the parties fixed market value of category I land at Rs. 10,000/- per acre and of category II land at Rs. 9,500/- per acre. This did not satisfy the land owners, who filed Appeal Suit No. 978 of 1990 in the High Court, which was allowed and the matter was remanded to the Reference Court for re-determination of the amount of compensation payable to the land owners. The Reference Court reconsidered the matter and passed order dated 17.7.2000, whereby it fixed market value of the two categories of land at Rs. 30,000/- and Rs. 15,000/- per acre respectively. The appeals filed by the parties against the fresh determination of market value by the Reference Court are pending before the High Court.