AIR 1966 Supre Court 106 ; State of Haryana Vs. Gurcharan Singh and Am

Land Acquisition Act, 1894-Sections 4(1) & 23(1)-Acquisition of land with fruit bearing trees-determination of compensation-Method- Compensation for land as well as fruit bearing trees cannot be determined separately-8 years multiplier shall be appropriate multiplier.

 

The land situated in Panchkula was acquired by a notification published u/s 4(1) of the Land Acquisition Act. The Land Acquisition Collector awarded the market value to the land. In addition, he also awarded compensation to the fruit bearing trees. On reference, award of the Collector was confirmed. On appeal, the High Court by confirming the market value of the land, enhanced the compensation for the fruit bearing trees by 60% of what was awarded by the Collector. Hence this Appeal.

 

The appellant State contended that the High Court committed grave error of law in upholding the determination of the compensation both to the land as well as fruit bearing trees and also enhancing the market value of the fruit bearing trees.

 

The respondent submitted that considering the rise in price index, the High Court was right in increasing the compensation to the fruit bearing trees by 60%