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(2) The amount payable for the structures of permanent nature shall be equivalent to the depreciated value of the structure as on the specified date and for this purpose the Tribunal may require the Executive Engineer, Roads and Buildings Division, in the district to furnish an estimate of the depreciated value of such structure."

At this juncture it is important to take note of the notifications published in the Nellore District Gazettes dated 21.3.1982 and 23.4.1982. There is no dispute that the amounts payable for fruit bearing trees shall be at the "seignorage rates" notified by the District Forest Officer from time to time.

Notification dated 21.3.1982 reads as follows:-

"R.C.D. 4 3209/82 NELLORE DISTRICT GAZETTE EXTRA ODRINARY PUBLISHED BY AUTHORITY NELLORE SUNDAY MARCH 21ST 1982 NOTIFICATION In exercise of the powers conferred under Rule 5 of the Rules to regulate the seignorage fees to be levied for the removal of timber and other procedure, issued U/s 26 of the A.P. Forest Act, 1882, the Collector hereby fixes the seignorage rates in respect of Cashew Trees (Fruit bearing) in Nellore District as specified in the 'Annexure'. These rates shall come into force with immediate effect.
Sd/-
H.K. Babu, District Collector, Nellore, Item No.64/82."

Seignorage rates of Cashew Trees (Fruit Bearing) in Nellore District.

_______________________________________________________________________ S.No. Tree Age Approximate Rate Seignorage Year Girth yield per kg. rates Rs. P.

1. 2. 3. 4. 5. 6. 7.

_______________________________________________________________________

1. Cashew 5th 78(g) 0.75 10 7.50 6th 79.50 11.50 10 5.00 7th 80.00 3.00 10 30.00 8th 80.50 4.50 10 45.00 9h 81.00 6.00 10 60.00 10th 81.00 7.50 10 75.00 11th 82.00 8.00 10 80.00 12th 82.00 8.50 10 85.00 13th 83.00 9.00 10 90.00 14th 9.50 10 95.00 15th 10.00 10 100.00 16th 84.00 10.00 10 100.00 17th 85.00 10.00 10 100.00 18th 85.00 10.00 10 100.00 19th 80.00 10.00 10 100.00 20th 86.00 10.00 10 100.00 21th 87.00 10.00 10 100.00 2nd 87.50 10.00 10 100.00 23rd 88.00 10.00 10 100.00 24th 88.00 10.00 10 100.00 25th 89.00 10.00 10 100.00 26th 89.00 9.00 10 90.00 27th 90.00 8.00 10 80.00 28th 90.00 7.00 10 70.00 29th 90.00 6.00 10 60.00 30th 90.00 6.00 10 60.00 ________________________________________________________________________ (Sd)H.K. Babu, Nellore. Dist. Collector.

Dated 21.03.82"

The notification dated 23.4.82 which is crucial for this case reads as follows:
"R.C.D. 4 3209/82 NELLORE DISTRICT GAZETTE EXTRA ODRINARY PUBLISHED BY AUTHORITY NELLORE APRIL 23 - 1982 NOTIFICATION The following sentence may be added to the Notification published Nellore District Gazette (Extra-ordinary) dated 31.03.1982.
The seignorage rate in the column No.7 are the rate of trees per year and the tree will yield for 30 years. The seignorage rate per tree is to be calculated for 30 years.