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for one mango tree. In L.A.R. No.415/89 the compensation for trees was fixed at Rs.750/- per tree for 181 grape trees and Rs.

3000/- per tree for five mango trees. In L.A.R.No.417/89 it was fixed at Rs.750/- per tree for 181 grape trees. In L.A.R.No. 413/89 the compensation for the land was awarded at Rs.

33,500/- admeasuring 1 H. 34 R. whereas for all the fruit trees the compensation awarded came to Rs.11,51,700/-. In L.A.R.No.412/89 the compensation for the land was awarded at Rs.16,750/- measuring 67 R. whereas for the fruit bearing trees the compensation amount granted was Rs.1,53,000/-. In L.A.R.No.415/89 the compensation for land admeasuring 66 R. was awarded at Rs.6500/-, whereas for the bruit bearing trees the compensation awarded came to Rs.1,50,750/-. In L.A.R. No. 417/89 the compensation for the land admeasuring 67 R. was at Rs.16,750/- whereas for the fruit bearing trees compensation was awarded at Rs.1,35,750/-.

per tree as the total compensation and for 562 grape trees it came to 562x423 = Rs.2,37,726/-. So far as guava trees in Gat No. 199 are concerned he estimated the total compensation at Rs.600/- per tree and for the same tree in Gat No. 200, as there were only two trees he granted the same compensation. In respect of mango trees, he granted Rs.50/- and Rs.75/- per tree.

PW 3, the private valuer, in his report at Exh. 33 followed the very same method, but estimated the annual yield of each grape tree at 26 Kg. per tree and wholesale market rate at Rs.

7/- per Kg. He thus estimated the annual income of each grape tree at Rs.182/-. In Gat No. 199 he calculated the total compensation for each grape tree at Rs.1087/-. For the remaining 33 grape trees he stated that Rs.60/- per tree was required to be paid as compensation towards the plantation is concerned and no compensation in the income capitalization.

For guava trees he estimated the annual yield at 90 kg. And the wholesale market rate at Rs.1.25. For the mango trees he calculated the annual income at Rs.430/- per tree. He worked out a total compensation for the guava trees at Rs.1008/- per tree and for the mango tree at Rs.5018/- per tree.

55/- per tree for the remaining 10 trees. The reference court noted that the private valuer (PW3) had estimated the compensation for each tree at the rate of Rs. 5,018/- and there could not be so much of difference between the estimation made by the private valuer and the Government Horticulturist. The reference court therefore proceeded to fix the compensation for each mango tree at the rate of Rs. 3,000/- but without giving any justification. This compensation rate fixed by the reference court for 25 mango trees is unsustainable and there is no reason to discard the valuation made by the Government Horticulturist. The claimants cannot be granted compensation for mango trees on the basis of income capitalization method. It was never the case of the claimants that they had planted the mango trees for commercial income and on other hand they were just widely grown mango trees. We therefore, set aside the compensation of Rs.3,000/- per mango tree as granted by the Reference Court and hence we uphold the compensation at Rs.75/-