GANPAT BAYAJI SHIRKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS Appeal is filed to challenge the judgment dated 15th June, 2001 of the II Additional District Judge, Kolhapur in Land Acquisition Reference No.5 of 1999.

(2.) THE main point of contention is the compensation granted to the Appellant by the Reference Court in respect of 100 Alphonso Mango trees/ grafts. The ownership of these trees is not disputed. That has been the finding in the affirmative given by the Reference Court. There is a similar finding with reference to 4 Raival mango trees, 8 teak trees and 40 Nilgiri (Eucalyptus) trees also. The Land Reference Court has granted Rs.1,00,000.00 to the Appellant in respect of these mango trees/ grafts. The total amount granted in respect of these trees is Rs.1,05,000.00. This was the enhanced compensation from the compensation of Rs.17500.00 granted by the SLAO taking into consideration that those trees /grafts have no fruit yielding capacity and consequently he determined compensation payable at the rate of Rs.144.00 per mango tree.

(3.) UNDER Clause 3(a) of the Land Acquisition Act "Land" includes benefits that arise out of the land and things attached to the earth which are permanently fastened with anything so attached. Growing trees, therefore, are included in the expression "Land".