LAWS(SC)-2011-2-15

SHAIK IMAMBI Vs. SPECIAL DEPUTY COLLECTOR

Decided On February 02, 2011
SHAIK IMAMBI Appellant
V/S
SPECIAL DEPUTY COLLECTOR Respondents

JUDGEMENT

(1.) APPLICATION for impleadment is dismissed as withdrawn. Leave granted. Heard the parties.

(2.) THE appellant was the owner of a lime orchard measuring 7 acres 84 cents, situated at Dachuru village, Kaluvoy Mandal, Nellore District. THE said land and the adjoining lands in all measuring 81 acres 38 cents were acquired for the purpose of fore-shore submersion of Kandleru Reservoir under Telugu Ganga Project in pursuance of a notification dated 4.7.1988 issued under Section 4(1) and a final declaration dated 30.6.1989 issued under Section 6 of the Land Acquisition Act, 1894 ('Act' for short). THE appellant's lime orchard consisted of 761 lime trees. A small area therein also contained other trees, that is, 20 coconut trees, 24 cheeni trees. 2 guava trees and 2 drumstick trees.

(3.) TWO contentions are urged by the appellant: (a) The High Court ought to have maintained the multiplier of 14 adopted by the Land Acquisition Officer instead of reducing it to 10 in regard to the increased income adopted by it; (b) The income per lime tree ought to have been taken as Rs.200/-per annum, instead of Rs.100/- per annum, having regard to the expert opinion and evidence let in by the parties. Re. Question (a)