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49. Further, the compensation granted separately for the wells and
the land cannot, by itself, be a ground to interfere with the well-
reasoned order of the Reference Court. The Reference Court has rightly
recognized that the wells directly contribute to the productivity of the
acquired lands, and that the separate valuation merely reflects a fair
computation of total compensation rather than duplication of benefits.
50. Though it is settled law that the value of the well should ideally
be an integrated component of the overall land valuation, a procedural
separation in the award does not, in itself, vitiate the entire decision,
provided that the total compensation determined is fair, reasonable and
KL,J & VRKR, J
AS_3841_2011
based on evidence. It is to be seen that only when the income
capitalization method is adopted for while assessing market value of
acquired lands, no separate compensation for wells can be granted,
since that method computes a composite value of the income generating
asset as a whole, is possible. However, where the valuation is not
strictly based on income capitalization, for wells may be permissible,
particularly when the wells constitute distinct and valuable
improvements that directly contribute to the productivity of the land.
Moreover, the intent of not awarding compensation separately for the
wells and the land is only to avoid double valuation. The rationale is
that the income capitalization method determines a composite market
value of the entire income-generating asset based on its potential
returns. Awarding separate compensation for individual items that
contribute to that income stream would amount to double valuation,
which is impermissible. In the instant case, since the market value of
the acquired lands was fixed based on the comparable sale exemplars
under Exs.A-3 and A-4, there is no instance of following capitalization
method. Thus, the approach of the Land Acquisition Officer and the
Reference Court in assessing the market value of the acquired land and
KL,J & VRKR, J
AS_3841_2011
the wells in the said acquired land separately cannot be termed as
erroneous or contrary to law so as to set aside the entire Award.