JUDGMENT

G.S. Singhvi, J. —

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