Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 - s. 54 - Compensation for fruit bearing trees Land Acquisition Act |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition Act, 1894 - s. 54 - Compensation for fruit bearing trees - Land acquisition by award dated 30.01.1992 - Compensation for the fruit bearing trees, Rs. 50-70 for each lime tree and Rs. 321- for each pomegranate tree - Reference court enhanced the compensation to Rs. 100/- per lime tree, but for pomegranate tree it remained same -Appeal by claimants seeking enhancement of compensation - Dismissed by the High Court on the ground of inordinate delay of 3671 days - Held: There may be omission on the part of the claimants lo adopt extra vigilance; but same need not be used as a ground to depict them with negligence or want of bona fide - In case of acquisition of lands of agriculturists, the courts ought to adopt a pragmatic approach to award just and reasonable compensation and not pedantic approach - Since the appellants/claimants are the agriculturists whose lands were acquired and when similar situated agriculturists were given a higher rate of compensation, no reason to decline the same to the appellants, merely on the ground of delay - More so, in a similar matter, the High Court had condoned the delay of 3386 days in filing the land acquisition appeal - Furthermore, award of compensation in relation to fruit bearing trees depends on facts and circumstances of each case - 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 instant award of 30.01.1992 - Period of about seven years is a considerable period to be taken note of while computing cost of planting and raising fruit bearing trees - It is obvious that seven years back a fruit bearing tree would have fetched lesser income than it would fetch now - On facts, appellants awarded compensation of Rs.1,500/- for each pomegranate tree - As regards lime trees, fresh limes are available throughout the year and have good market and the lime trees are earning income almost throughout the year - Compensation of Rs. 100/- per each lime tree enhanced to Rs.250/- - Said compensation is awarded along with all statutory benefits - However, appellants not entitled to any interest during the period of delay of 3671 days. |
Judge | N/A |
Neutral Citation | 2017 INSC 645 |
Petitioner | K. Subbarayudu And Others |
Respondent | The Special Deputy Collector (land Acquisition) |
SCR | [2017] 6 S.C.R. 524 |
Judgement Date | 2017-07-19 |
Case Number | 9288 |
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