1995 (1) TMI 419

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.... Bagga, Advs. ORDER 1. This appeal arises from the judgment and decree of the High Court of Punjab & Haryana in RSA No. 1137 of 1970 and batch dated May 21, 1981. An extent of 20 acres 38 cents was notified and published for acquisition in the State Gazette under Section 4(1) of the Land Acquisition Act on June 22, 1974 for residential colony. The lands are situated in Panchkula, near Chandi....

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....value of the land, enhanced the compensation for the fruit bearing trees by 60% of what was awarded by the Collector and accordingly granted enhanced compensation with statutory benefits. Thus this appeal by special leave. 3. Ms. Suruchi Agarwal, learned counsel for the State, contended that the High Court has committed grave error of law in upholding the determination of the compensation both ....

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....bearing trees cannot determine them separately. The compensation is to the value of the acquired land. The market value is determined on the basis of the yield. Then necessarily applying suitable multiplier, the compensation need to be awarded. Under no circumstances the court should allow the compensation on the basis of the nature of the land as well as fruit bearing trees. In other words, ma....

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.... more than 8 years. Under no circumstances, the multiplier should be more than 8 years multiplier as it is settled law of this court in catena of decisions that when the market value is determined on the basis of the yield from the trees or plantation, 8 years multiplier shall be appropriate multiplier. For agricultural land 12 years multiplier shall be suitable multiplier. 4. In this case, the....