THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR L.A.A.S.NO.221 OF 2005 DATED _________DECEMBER, 2010 BETWEEN: The Land Acquisition Officer-cum- Special Deputy Collector (LA) Unit, PJP, Gadwal. … Appellant/Referring Officer a n d The Manager, Sree Raghavendra Swamy Mutt, At Mantralayam. … Respondent/Claimant. THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR L.A.A.S.NO.221 OF 2005 J U D G M E N T (Per Sri Justice Sanjay Kumar) An appeal by the State aggrieved by the Order and Decree dated 13.12.2004 passed by the reference Court of the Senior Civil Judge, Gadwal, in O.P.No.652 of 1995, enhancing the awarded compensation from Rs.25,200/- per acre to Rs.40,000/- per acre. The land admeasuring Ac.3-22 guntas belonging to the respondent situated in the limits of Rajoli Village of Waddepally Mandal, Mahaboobnagar District, was acquired by the State for earth bund formation of the Thungabhadra Barrage. The draft notification under Section 4(1) of the Land Acquisition Act, 1894 (for brevity, ‘the Act of 1894’) was published on 19.05.1993. The Land Acquisition Officer, upon due enquiry, classified the lands acquired into three categories and determined the market value for each category. The subject acquired land admeasuring Ac.3-22 guntas fell in the category of dry lands used for Kharif crops and market value therefor was fixed at Rs.25,200/- per acre. Dissatisfied therewith, the respondent sought reference under Section 18 of the Act of 1894 which was taken on file by the reference Court as O.P.No.652 of 1995. By the common order dated 13.02.2004 passed in O.P.No.652 of 1995, the reference Court effected enhancement as stated supra. The reference Court took into account the fact that though the land in question was classified under Category-I dry lands, it had good irrigation sources, being water fed from the RDS channel, Thungabhadra river and wells. The reference Court had occasion to deal with the determination of such lands earlier in O.P.No.344 of 1994 and batch and as its determination at Rs.40,000/- per acre for such dry lands found confirmation before this Court in A.S.No.2197 of 1996, marked as Ex.A.2, the reference Court adopted the said value of Rs.40,000/- per acre. Perusal of the judgment of this Court dated 31.01.1997 in A.S.No.2197 of 1996 (Ex.A.2) reflects that a Division Bench of this Court, dealing with the enhancement in respect of irrigable dry lands with known sources of irrigation, fixed the market value of such category of lands at Rs.40,000/- per acre. The same value was adopted by the reference Court. Judgments pertaining to the market value of the lands in the vicinity of the acquired land are relevant for the purpose of inferring the correct market value, as held by the Supreme Court in PAL SINGH V/s. UNION TERRITORY OF CHANDIGARH[1]. The approach adopted by the reference Court therefore cannot be said to be irregular or defective. Adopting the value fixed for the nearby land which found confirmation before this Court, the reference Court enhanced the market value of the acquired land to Rs.40,000/- per acre. We therefore see no reason to interfere with this exercise by the reference Court based on cogent principles. The Order and Decree under appeal are accordingly confirmed. The appeal is dismissed but in the circumstances, without any order as to costs. ------------------------------ GODA RAGHURAM,J -------------------------- SANJAY KUMAR,J ________DECEMBER, 2010 PGS [1] 1993 (1) ALT 6 (SC)