representation dated 08.11.2011 and
to pay compensation for fruit bearing trees standing in the land
bearing R/Sy.No.90/1A measuring 1 acre ... representation made by him on 08.11.2011 and pay
compensation for the fruit bearing trees which were in existence
in the lands bearing
order dated 24/07/1978 for the purpose of fruit trees, and
undertaking of Rambhiben Shamjibhai Dharodiya was obtained in
form (1) for compliance ... opponent has given
undertaking that I would use land for fruit trees, no compliance has
been made as per the undertaking. As opponent has failed
years by order dated 6.6.1988 for specific purpose of
growing fruit trees. As it was found that purpose for which the land
was leased ... respective petitioners i.e. growing fruit trees is
not complied with and there is a breach of condition, the show cause
notices were issued upon
with regard to the multiplier to be adopted in respect of
fruit bearing trees has laid down as under:
8
"16. Now coming ... method to be adopted
for valuing fruit bearing tree, the learned District
Judge has taken the economic lifespan of the tree as
35 years
JUDGMENT
certain terms and conditions for the purpose of growing fruit
bearing trees vide order No.Land/C/7195/65 dated 03.06.1965. It is
stated ... land
in question was therefore, granted on permanent basis for growing
fruit bearing trees by continuing the original lease terms as well as
with
coming to the method to be
adopted for valuing fruit bearing tree, the learned
District Judge has taken the economic lifespan of the
tree ... used.
11. So far as the compensation in relation
to fruit bearing trees are concerned the same
would also depend upon the facts and
circumstances
coming to the method to be adopted
for valuing fruit bearing tree, the learned District
Judge has taken the economic lifespan of the tree ... used.
11. So far as the compensation in relation
to fruit bearing trees are concerned the same
would also depend upon the facts and
circumstances
respect of other trees as under:
2 Lemon tree @ Rs.1,500/- each : Rs. 3,000/-
9 Honge trees @ Rs.3,000/- each ... Jack fruit trees @ Rs.10,000/- each : Rs.30,000/-
25 Jasmine saplings @ Rs.750/- each : Rs.18,750/-
The above amount awarded
with
regard to the multiplier to be adopted in respect of fruit bearing
trees has laid down as under:
"16. Now coming ... method to be adopted
for valuing fruit bearing tree, the learned District
7
Judge has taken the economic lifespan of the tree as
35 years
with regard to the multiplier to be adopted in respect of
fruit bearing trees has laid down as under:
"16. Now coming ... method to be adopted
for valuing fruit bearing tree, the learned District
WP.52780/2013
8
Judge has taken the economic lifespan of the tree
