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 .
This did number 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 companypensation payable to the land owners.
The appellant who had number invoked Section 18 of the Act filed an application under Section 28A 1 for payment of enhanced companypensation at par with other land owners, at whose instance reference was made by the Collector.
On the same day, the appellant filed an application under Section 28A 3 of the Act for making a reference to the Court for fixing the fair market value of the acquired land by asserting that he was accepting the amount of companypensation under protest.
The appeals filed by the parties against the fresh determination of market value by the Reference Court are pending before the High Court.
31/2000 and the petitioner can agitate all the points including the one relating to maintainability of reference made under Section 28A 3 .
Thereupon, the Land Acquisition Officer sent companymunication dated 2.6.2000 to the Reference Court for fixing the fair market value of the appellants land.
By an order dated 31.12.1990, the Land Acquisition Officer held that the appellant is entitled to receive companypensation at par with other land owners.
Respondent No.1 challenged the aforesaid companymunication in Writ Petition No.23600/2000, which was dismissed by the learned Single Judge with an observation that the Civil Court is already seized with the matter in P. No.
The Land Acquisition Officer referred the matter to Collector, Karimnagar, who accorded permission for making a reference to the Court.
On a reference made to it under Section 18 of the Act, the Reference Court, after companysidering 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.
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.
S. Singhvi, J. The only question which arises for companysideration 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 companymitted 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 .
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.
