STATE OF MAHARASHTRA Vs. RANGNATH SHIVRAM JADHAV

JUDGEMENT

(1.) IN Land Acquisition Reference No. 148 of 1980 the learned Joint Judge of Nasik has awarded a sum of Rs. 14,000/- towards compensation on account of the loss of income from 71 guava trees situated on the acquired land. The State of Maharashtra is aggrieved by this part of the award. The Respondent-claimant is aggrieved by the rejection of his claim for an amount of Rs. 21,000/- towards loss of income from the guava trees and Joss of income from mango trees.

(2.) THE evidence accepted by the learned Joint Judge is that the 71 guava trees together fetch Rs. 900/- per year. Although it is claimed that the trees yield fruit for about 30 years, this life of a tree and its fruit yielding age cannot be uniform. It would depend upon many factors such as the water, soil, diseases and so on. Therefore the learned Judge was right in fixing the total amount at Rs. 14,000/- after making allowance to various factors. In our opinion, the amount of Rs. 14,000/- fixed by the learned Judge was right. The claim for compensation on account of loss of income from the mango trees is not pressed by learned counsel for the Respondent who has filed Cross Objections.

(3.) THE market value of the land has been calculated on the right principles and we see no error in it. The Appeals against companion awards in Land Acquisition Reference Nos. 149/89, 150/89 and 203/89 have been dismissed by this Court.