Document Fragment View

Matching Fragments

(e) of the Act were independent methods of finding out the average annual income from forest and it was not intended that the average annual income should be arrived at by adding the two methods. Section 39(1)(e) of the Act speaks of computation of average annual income from forest (i) on the basis of income- for a period of 20 to 40 agricultural years immediately preceding the date of vesting as the Compensation Officer may consider reasonable and (ii) on the appraisement of the annual yield of the forest on the date of vesting. The two are separate matters. It cannot be said that the Compensation Officer will adopt either of the clauses. The Compensation Officer has to refer to both the clauses in order to compute the average annual income from forest. The High Court is correct in holding that the average annual income from forest under section 39(1)(e) of the Act cannot be computed by arithmetical addition of the figures arrived at on the basis of clause (i) and on the basis of clause (ii). It is the average annual income from forest which is to be computed. The words of importance are 'average ,annual income'. Under the first clause the actual income de-

436

rived from the forest for a number of years before the date of Vesting as the Compensation Officer may consider reasonable is to be taken and the average calculated. Under the second clause the annual yield as on the date of vesting is to be appraised. The Compensation Officer is to compute the average income by taking recourse to both the methods. The second clause which speaks of appraisement of the annual yield will be done inter alia by taking into consideration the number and age of trees, the area of cultivation and the produce.