When land can be treated as irrigated land for purpose of grant of compensation under land acquisition?

With the assistance of the learned counsels, I have
gone through the findings recorded by the Reference Court.  In
Paragraph No. 16, the Reference Court has held as under;
"16.  In the instant case, the applicants came with the case
that   the  lands  acquired  by  the Land Acquisition Officer
belonging to them are irrigated land. The applicants have
filed the 7/12 extract (Exh.21 to Exh.25) on the record.  I
have carefully gone through the 7/12 extract.  The 7/12
extract (Exh.21) is in respect of agricultural land bearing
Survey No. 296/1 which is situated at village Maregaon.
The   7/12   extract   (Exh.21)   clearly   shows   that   the   land
bearing   Survey   No.   296/1   admeasuring   0.56   HR   is
irrigated land. The Land Acquisition Officer has also shown
Survey No. 296/1 of village Moregaon as irrigated land in
award   (Exh.26).     All   the   land   except   Survey   No.   57
admeasuring 0.86 HR situated at village Akapur are dry
crop land. The 7/12 extract (exh.25) clearly shows that the
land bearing Survey No. 57 belonging to the applicants is
irrigated land. The Land Acquisition Officer has also shown
Survey No. 57 of Village Akapur as an irrigated land on the
award (Exh.26) at page no.11"
The finding is based upon 7/12 extract as well the award at
Exh.26 which clearly indicate that two survey Nos. i.e. 296/1
and part of Survey No. 57 were irrigated lands.   It cannot,
therefore, be said that the Reference Court has committed an
error in holding that the lands were irrigated lands.  
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL NO. 831 OF 2006
Maharashtra Industrial Development
Corporation, 
...VERSUS...
 Arun Ganpatrao Shende,

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CORAM: R. K. DESHPANDE, J.
DATE    :     21stMARCH 2016 .
Citation:2016(3) ALLMR 571

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