Land was acquired under acquisition act and appellant is aggrieved for less compensation and required trees to be valued separately.
The High Court found that since, there was no evidence on record establishing existence of 100 mango trees as claimed on the date when the acquisition proceedings were initiated in August 1997, the claim is rejected.
Hence, this Appeal.
Reiterated Principle for valuation for Trees from the judgment of Ambya Kalya Mhatre (Dead) through LRs and Others(supra):
If the value of the land has been determined on the basis of the sale statistics or compensation awarded for an orchard, that is land with fruit bearing trees, then there is no question of again adding the value of the trees. Further, if the market value has been determined by capitalizing the income with reference to yield, then also the question of making any addition either for the land or for the trees separately does not arise.
The case in hand, the land value has been determined with reference to the sales statistics by the High Court and it’s no need of interference for valuation of trees from factual finding of fact recorded by High Court.
Hence, Compensation be awarded at the rate of Rs. 1,00,000/ per hectare along with statutory entitlement. Further, Enhancement of Rs. 1,00,000/ per hectare dismissed.
Final Crux for Valuation of Trees:
After this judgment it is clear that if market value of land is determined through a nearby vacant land, then only valuation of trees can be compensated observed from the judgment of Ambya Kalya Mhatre (Dead) through LRs and Others (supra).
Link to the Judgment –