Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | U.P. Zamindari Abolition and Land Reforms Act 1950 Section 39 ( 1) (e) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | U.p. Zamidari Abolition and Land Reforms Act, 1950 (1 of 1951) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | U.P. Zamindari Abolition and Land Reforms Act, 1950 (Act 1 of 1951). Section 39 ( 1) (e), interpretation of-Computation of compensation. On the vesting of the forests belonging to the appellants in the State of U.P. by virtue of Section 4 of the U.P. Zamindari Abolition and Land Reforms. Act, 1950 (Act 1 of 1951). the question arose about the assessment and payment of compensation therefor to the heirs of the intermediary. The compensation officer held that the average annual income from the said forests which could be taken into consideration while computing its compensation was Rs. 4551/- as disclosed by the appellants' accounts for a period of 22 years pr~ceding the date of vesting in terms of clause (i) of Section 39(l){e) of the Act and Rs. 450/- was its annual yield on the date of vesting as per terms of clause (ii) of Section 39(l)(e) of the Act. The compensation officer held that Rs. 5001/- was the annual income from the aforesaid forest to the intermediaries. The High Court in appeal held that Rs. 2000/- and not Rs. 450/- was the income under clause (ii) of Section 39(1)(e) of the Act and therefore came to the conclusion that Rs. 3000/- was the average annual income on the basis of which gross assets had to be calculated in computation of compensation in respect of the said forest. |
Judge | Hon'ble Mr. Justice Jaswant Singh |
Neutral Citation | 1978 INSC 206 |
Petitioner | Harbans Kumari And Ors. |
Respondent | State Of Uttar Pradesh |
SCR | [1979] 2 S.C.R. 28 |
Judgement Date | 1978-10-06 |
Case Number | 171, 171a- 171D |
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