| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | 1894 - s. 54 - Compensation for fruit bearing trees - Acquisition of appellant's land with pomegranate tree orchard in 1990 Land Acquisition Act |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Others |
| Headnote | Land Acquisition Act, 1894 - s. 54 - Compensation for fruit bearing trees - Acquisition of appellant's land with pomegranate tree orchard in 1990 - Reference Court applied the multiplier of '2' and enhanced the market value of each pomegranate to Rs 65/- High Court upheld the market rate, however enhanced the multiplier to '9' - On appeal, held: As per Letter No. F(3) 2164189 dated 26.11.1989 of the Department, the revised value of pomegranate trees was fixed at Rs. 751- - On the date of acquisition of the said land, the very same Notification was in effect and that being so, both the Reference Court and High Court erred in fixing the rate of the pomegranate trees at Rs. 65/- relying on the subsequent G.O.No.601 dated 19.06.1992 which was not in existence on the date of publication of the Notification - As per the Notification dated 26.11.1989, the fruit bearing period being not less than twelve years and the trees being three years old, the High Court rightly applied the multiplier of '9' - Appellant sought compensation of Rs.3,000/- per pomegranate tree relying on judgment of this Court which cannot be made applicable to the instant case since the award of compensation in the said case was of 08.03.1999, as opposed to award in the instant case which is of 14. 09.1992 - It is obvious that seven years back a fruit bearing tree would have fetched lesser income than it would fetch now - On facts, appellant awarded compensation of Rs.2,000/- per pomegranate tree along with all the statutory benefits. |
| Judge | Hon'ble Ms. Justice R. Banumathi |
| Neutral Citation | 2017 INSC 642 |
| Petitioner | Nelatur Sampoornamma W/o Srinivasulureddy |
| Respondent | Special Deputy Collector, L.a., Telugu Ganga Project, Podalakur At Nellore, Andhra Pradesh |
| SCR | [2017] 6 S.C.R. 517 |
| Judgement Date | 2017-07-19 |
| Case Number | 9287 |
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